Kidnapping vs. False Imprisonment - Criminal Defense Lawyer Wisconsin

By Carlos Gamino

In the state of Wisconsin, kidnapping and false imprisonment are separate crimes—but sometimes they occur at the same time.

So what’s the difference, and what are you supposed to do if you’re charged with either (or both)?

Kidnapping Under Wisconsin Law

Wisconsin law says that kidnapping is a Class C felony, and it’s defined as taking a person from one place to another without that person’s content—and with the intent to cause that person to be confined or imprisoned against his or her will.

False Imprisonment Under Wisconsin Law

False imprisonment is a Class H felony in the state of Wisconsin, and the law defines it as intentionally confining or restraining another person without his or her consent while knowing that you don’t have the legal authority to do so.

In other words, kidnapping is taking someone; false imprisonment is keeping them.

What to Do if You’re Accused of Kidnapping or False Imprisonment

If you’re accused of kidnapping or false imprisonment, it’s imperative that you get in touch with a Wisconsin criminal defense lawyer as soon as possible. These are felony charges, which means if the court convicts you, you’ll most likely be looking at a prison sentence.

What Your Lawyer Will Do

Your Milwaukee criminal defense lawyer will most likely advise you not to talk to investigators until he or she arrives. You have the right to wait for your attorney during questioning, so it’s probably a good idea to exercise that right.

Your lawyer will examine the facts of your case and determine whether the police made any procedural errors or violated your rights; he or she will also ask you about your role in the situation and get your version of the story that the prosecution is trying to tell.

Do You Need a Milwaukee Criminal Defense Lawyer?

If you need to talk to a Wisconsin criminal defense lawyer about kidnapping charges or false imprisonment charges, we’re here for you. Call us at 414-383-6700. You can also get in touch with us online for a free case evaluation.

Carlos Gamino