False Imprisonment Lawyers Philadelphia
Pennsylvania's false imprisonment statute is not intended to penalize every detention which might be the basis of a civil suit for false imprisonment. For example, if a merchant detains a suspected shoplifter for a short period of time for the purpose of questioning or recovering the stolen property then the detention would not constitute a crime under Pennsylvania's false imprisonment statute. Instead the statute requires proof of an "unlawful" detention.
Philadelphia False Imprisonment Lawyer
If you were charged with false imprisonment, kidnapping, or another crime of violence then contact an experienced criminal defense attorney in Philadelphia, PA. We represent clients in false imprisonment cases throughout Bucks County, Chester County, Montgomery County and Delaware County, PA.
Important defenses exist to fight these charges. Call (215) 665-1695 to discuss your case today.
Pennsylvania False Imprisonment Overview
Pennsylvania False Imprisonment Elements of False Imprisonment under Pennsylvania's Section 2903
The criminal offense of false imprisonment is typically charges as a misdemeanor of the second degree. The elements of the crime include:
- knowingly restrains another;
- unlawfully;
- so as to interfere substantially with his liberty.
Pennsylvania's false imprisonment statute is found at 18 Pa.C.S.A. § 2903. It originally became effective on June 6, 1973 and was amended effective February 21, 2012.
The False Imprisonment of a Minor Child
Under Section 2903(b), false imprisonment of a minor child (when the person accused is not the child's parent) is charged as a felony of the second degree. False imprisonment of a minor child requirement proof beyond all reasonable doubt that the person knowingly restrained the child unlawfully so as to interfere substantially with the child's liberty.
Under Section 2903(c), false imprisonment of a minor child when the offender is the child's parent is charged as a felony of the second degree if the parent knowingly restrains the child unlawfully so as to interfere substantially with the child's liberty. The term "parent" is defined to include a natural parent, stepparent, adoptive parent or guardian of a minor.
False Imprisonment FAQs
What is false imprisonment under Pennsylvania law?
Under 18 Pa.C.S. § 2903, false imprisonment is knowingly and unlawfully restraining another person so as to interfere substantially with their liberty. It is a second-degree misdemeanor carrying up to two years, rising to a second-degree felony when the person restrained is a minor and the actor is not the child's parent.
What is the difference between false imprisonment, unlawful restraint, and kidnapping?
They form a ladder. False imprisonment is unlawful restraint of liberty. Unlawful restraint under § 2902 adds exposure to serious bodily injury or conditions of involuntary servitude and is a first-degree misdemeanor. Kidnapping under § 2901 requires removal a substantial distance or confinement in isolation for specific purposes, and is a first-degree felony.
Can blocking a doorway during an argument be false imprisonment?
It has been charged that way, most often in domestic disputes - standing in front of a door, taking car keys, or holding someone's phone to stop them leaving. The restraint must substantially interfere with liberty and be unlawful, and brief obstruction during a heated argument is genuinely contestable on both elements.
Is false imprisonment usually charged alone?
Rarely. It typically accompanies simple assault, harassment, or terroristic threats arising from the same incident, and in domestic cases it interacts with PFA proceedings. Because it is often the weakest count factually, it is a common candidate for withdrawal in negotiations - but it should not be pled to casually, as it reads as a violent offense.
What are the defenses to a false imprisonment charge?
Consent, lawful authority - parents restraining their own children, store personnel detaining suspected shoplifters within the retail theft detention statute, citizens detaining under lawful arrest powers - and factual disputes over whether any substantial interference with liberty occurred. Duration, means of restraint, and the ability to leave are the contested facts.
Finding The Best
Attorney in Philadelphia For Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware Counties, as well as Pennsylvania and New Jersey.