Unlawful Imprisonment In Washington
UNLAWFUL IMPRISONMENT
What qualifies as Unlawful Imprisonment?
Under RCW 9A.40.040, Unlawful Imprisonment is a crime that can be charged if you knowingly restrain another person. It is a Class C felony. This charge often arises as a lesser charge of Kidnapping, which requires more than just restraining a person. The definition of “restraining” someone has the following basic elements, all of which must be proved beyond a reasonable doubt to convict you of this charge:
Restricting a person’s movement
Without that person’s consent
Without legal authority
In a manner that interferes with that person’s liberty
If not all of these elements are met you cannot be found guilty. So for example, if you restrained another person from stepping off of a curb so they would not get hit by oncoming traffic, then you would not meet these elements as you would likely have done so believing you had lawful authority (to save them from harm) and it would likely not be seen as interfering with their liberty for the same reason.
Domestic Violence Charges
Unlawful Imprisonment can be charged as a domestic violence charge. This is because there is often a relationship between the person being charged and the alleged victim. This charge can arise if you grab someone to prevent them from leaving during an argument. Domestic violence does not define what the offense is, it only is a designator of a relationship between the parties which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here.
What are the potential consequences of a charge for Unlawful Imprisonment ?
As a felony, a charge for Unlawful Imprisonment can have lasting consequences.
These potential consequences include:
Jail or Prison Time
For a Class C felony the possible range is 0-5 years
For any felony there is the possibility of prison time, which is time over one year. Time less than one year would be served at a county jail. Possible prison time varies based on your offender score which is calculated based on the charges you have and your criminal history.
Some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
For felonies, if you are sentenced to prison time, then the Department of Corrections will supervise you after your release for a time period that varies based on your charges and criminal history.
If you serve time in local county jail then your probation will be supervised by the court.
Fines and Restitution
The possible fines for this charge range from $0-$10,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Loss of Firearm Rights
Because this charge is a felony, you can lose your right to possess a firearm for life
Read more about consequences of domestic violence charges here.
WHAT CAN I DO ABOUT A CHARGE FOR UNLAWFUL IMPRISONMENT?
What should I do if I am accused of Unlawful Imprisonment?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Unlawful Imprisonment?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
What if the alleged victim wants to drop the charges against me?
Sometimes this charge stems from interactions with a friend, partner or family. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the district attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the district attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial.
