In Wisconsin, False Imprisonment is a Class H Felony. A person accused of False Imprisonment can be sentenced to prison for a maximum of six years and fined up to a maximum of $10,000.00 if convicted.
In order to be found guilty of False Imprisonment, the State must prove beyond a reasonable doubt that you intentionally restrained or confined another person; that you did so without that person’s consent; and that you knew that you did not have the legal authority to do so.
There are a number of possible defenses to charges of False Imprisonment, some of which are explained below. A defense against False Imprisonment may be that you did not know you were not legally able to restrain the person. Wisconsin law recognizes the rights of parents to use reasonable parental discipline, which depends on the specific facts and circumstances of each case. An additional defense may be that you did not intentionally restrain the person. Because each defense can depend on specific facts of each case, which can mean a defense may apply in one case but not another similar case, it is important that you speak with an experienced criminal defense attorney who can help you evaluate the strength of your possible defenses. Please contact an attorney at our firm for a consultation and we look forward to discussing your case in detail.