Unlawful imprisonment is a serious crime in Arizona, with the accused facing either a high level misdemeanor or worse, a low level felony. With so much at stake, you or your loved one should not take the charge lightly, especially if your case has a fighting chance. The first step to taking control of your future and fighting for your freedom is to gain a powerful ally to defend your case in court. At Charity Clark Law, our dedicated legal team is proud to be a compassionate guide to the complex and impersonal proceedings of the law.
For creative defense strategies and a lawyer who won’t back down from even the toughest prosecutors, attorney Charity Clark should be the first call you make. As a testament to our desire to help clients, we offer free consultations in order to learn more about you and your case and to plan out the next steps to take as your legal counsel. With over 12 years of experience, attorney Charity Clark has gained the expertise needed to defend clients against the full range of criminal charges at every level of severity.
If you have been charged with unlawful imprisonment, you may be wondering how it differs from related charges like kidnapping or theft. Arizona law defines unlawful imprisonment as “knowingly restraining another person”. This definition is intentionally vague, though most lawyers and judges consider the following factors as necessary for an unlawful imprisonment charge:
To summarize, the important components of an unlawful imprisonment charge are the lack of authority, lack of consent, and the deliberate nature of the crime. With kidnapping, the crime is more a means to an end, such as for the purpose of acquiring a ransom, preventing the function of a worker, or to commit a sexual offense. Unlawful imprisonment charges may involve physical harm or some amount of premeditation but are distinguished by a different intention than for kidnapping.
If you believe the definition fits your situation, do not hesitate to contact Charity Clark Law to get a headstart on your defense and to examine your case from every angle possible.
Outside of any physical injury or property damage which may occur when restraining an unwilling person, the most common conviction for offenses of this nature are class 1 misdemeanors and class 6 felonies. Assuming there is not a record of repeat offenses of the same or similar type, you can expect the baseline penalties to be:
The penalties described above are maximum prison term lengths and fine amounts for first-time offenders, but if there are aggravating circumstances, former convictions, or physical injury to the restrained person, the offense will be moved into a more serious classification of crime. As a result, the imprisonment term may be longer and the court will be permitted to order an even longer probation period.
Felony vs. Misdemeanor Charge
One of the key differences which may decide whether you earn a felony charge instead of a misdemeanor charge is whether the restrained person was released before police arrived. A misdemeanor charge is more likely if:
Many other factors play into your ultimate conviction, but the factors above are encoded into law and can provide a basis for reasonable assumptions about the conviction to expect.
Charity Clark is one of the smartest attorneys I’ve ever met. She is aggressive, intelligent, and not afraid to fight for you. Her trial skills are unmatched. She knows how to handle a jury and argues the law like a champ. She will champion her client until the end and achieves real results.
Charity was amazing and took care of everything. She answered all my questions quickly and was so polite. They took care of my case with ease and definitely took a load off my shoulders. Not only did they both do great work they got the response from the court we were hoping for. Charity is "THE BEST".
Attorney Charity Clark has over a decade of experience defending against criminal charges of all kinds in Arizona’s many courts. You can trust that the legal team at Charity Clark Law chooses their clients carefully and works tirelessly to deliver on client expectations, and to meet their own high standards. Attorney Charity Clark has honed her skills in criminal defense and has worked on high profile cases as well as countless more that don’t make the news.
To take the guesswork out of defending your rights, contact attorney Charity Clark at Charity Clark Law in Tempe, Arizona. Our firm is proud to offer free telephonic consultations to clients anywhere in the Phoenix metro area. Call or fill out the contact form below to secure your appointment today!
