False Imprisonment

False Imprisonment Explained by Nevada Criminal Attorney

Nevada prohibits many different types of conduct that could cause harm to others. Chapter 200 of Title 15 is the section of Nevada’s criminal code that sets forth the rules for different types of crimes against persons, including the definition of different offenses, the requirements for what prosecutors must prove to secure convictions, and the potential penalties defendants could face upon a guilty verdict.

There are subcategories or groups of offenses in Chapter 200, including a category for homicide crimes and another category for abuse and neglect of children. There is also a category for false imprisonment.

False imprisonment is considered to be a serious criminal offense in the state of Nevada and anyone who is under suspicion or who is under arrest for false imprisonment should reach out to an experienced Las Vegas defense attorney for help as early in the case as possible.

LV Criminal Defense will provide knowledgeable representation to defendants who are accused of false imprisonment from the start of an investigation until the case has come to an end. Our legal team has extensive experience representing defendants accused of all different types of offenses that are found within Chapter 200 of Title 15 of Nevada’s code. We have secured favorable plea deals and secured acquittals for many of our clients who were accused of crimes that could have life-changing penalties and we will put our extensive legal knowledge and experience to work on your case.

To find out more about how our legal team can assist you in fighting charges for false imprisonment, give us a call today.

Nevada Laws on False Imprisonment

The False Imprisonment subcategory of Chapter 200 contains one statute: Nevada Revised Statute section 200.460. This statute defines the offense of false imprisonment and sets forth the penalties that a defendant convicted of this crime could face in the state of Nevada.

According to the relevant statute, false imprisonment is defined as an unlawful violation of another person’s personal liberty. A defendant can be convicted of this crime if the defendant confines or detains any person without the legal authority to confine or detain that person.

Nevada’s false imprisonment statute makes clear that any person who is convicted of committing the crime of false imprisonment will be required by law, as part of his criminal sentence, to pay all of the damages that were sustained by the victim who was falsely imprisoned. The defendant will generally be convicted of a gross misdemeanor offense if found guilty of false imprisonment, which means that the defendant could be both fined and jailed as a result of the conviction.

However, while the offense of false imprisonment is generally considered to be a gross misdemeanor, there are circumstances outlined in N.R.S. 200.460 that can result in a defendant facing a more serious charge than a gross misdemeanor and facing harsher penalties as a result.

For example, if the false imprisonment is committed by a prisoner in a penal institution without a deadly weapon, then the false imprisonment could be considered a category B felony. If the defendant is not a prisoner in a penal institution but commits the false imprisonment offense through the use of a deadly weapon, then the defendant could also be convicted of a category B felony. In both of these scenarios, the penalty for conviction for the Category B felony offense could include imprisonment in state prison for a minimum of one year and for a maximum of six years.

If the false imprisonment is committed in order use the victim as a shield or if the false imprisonment is committed in order to avoid arrest, the defendant could also be charged with a Category B felony. In this case, the minimum penalty would again be one year imprisonment; however, the maximum prison term under these circumstances would be 15 years.

If the person committing the false imprisonment has a deadly weapon and is a prisoner or is in lawful custody, then the offense of false imprisonment results in even harsher penalties. While a defendant in this scenario would again be convicted of a Category B felony, the defendant would be punished by a period of imprisonment for a minimum of one year and a maximum of 20 years.

Because conviction for false imprisonment can always potentially result in jail time, even if you are charged with a gross misdemeanor, you need to be smart and strategic about responding to charges.
This is especially true if the offense you are accused of is one of the false imprisonment crimes that can result in a mandatory minimum jail term. When a mandatory minimum period in jail is proscribed by law, the judge does not have the discretion in sentencing to show leniency even if there are mitigating factors. If you are found guilty, you will go to jail. A criminal defense attorney can help you to try to avoid this undesirable consequence by determining the best legal approach to use to try to respond in a smart and strategic way to serious criminal charges.