Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1303 "Unlawful Imprisonment" occurs when a person unlawfully restrains another person. This could include not allowing somebody out of a room, out of a house or apartment, or out of a vehicle.
If the person is not released voluntarily without physical injury, then Unlawful Imprisonment is a class six (6) felony. The range of punishment for a first offense is probation with a range of zero (0) days jail up to one (1) year in jail; or prison of four (4) months to two (2) years in custody. If a person has one (1) allegeable historical prior conviction, then the range of punishment is nine (9) months in prison up to two and three quarters (2.75) years of incarceration. If the person has two (2) historical allegeable prior convictions, then the range is two and one quarter (2.25) years to five and three quarters (5.75) years of incarceration.
However, if the alleged victim is released voluntarily, without physical injury in a safe place prior to arrest, then the case can be charged as a class (one) 1 misdemeanor. A class one (1) misdemeanor carries a range of zero (0) days in jail up to six (6) months in jail.
It is a defense to the charge of Unlawful Imprisonment if the Defendant is a relative to the person restrained and the sole intent was to assume lawful custody of that person and the restraint was accomplished without physical injury. Normally this includes taking the custody of one's children. Many times these cases arise with couples that are either going through a divorce, are currently divorced, or are involved in some type of custody battle. Many times a person will show up in order to take custody of their child and then the other parent will attempt to prevent this act. The next thing you know, the police are called in and a person can be improperly charged with Unlawful Imprisonment. It is important to fight these charges to avoid a conviction, which could cause a person to forfeit their custodial rights in the future.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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