I Was Arrested for False Imprisonment in Nevada – What Are the Consequences?

I Was Arrested for False Imprisonment in Nevada – What Are the Consequences?

Getting arrested is scary. I know from experience. One minute you’re going about your day as usual, the next you’re in handcuffs wondering what just happened. That’s what happened to me when I was arrested for false imprisonment in Nevada. In this article, I want to walk you through my experience so you can understand what false imprisonment is, what the consequences can be, and what your options are if it happens to you.

My Story

I was at a party at my friend’s apartment one weekend. It was late, and people were starting to leave. My friend asked me to walk one of her other friends, Amanda, to her car because Amanda had had a lot to drink. I didn’t mind doing that – I wanted to make sure Amanda got home safely. When we got to her car, Amanda said she didn’t feel like she should drive and asked if she could sleep on my friend’s couch. No problem, I said, let’s go back upstairs and tell my friend.

On the way back to the apartment, Amanda started acting really erratic. She was yelling and getting in other people’s faces. I tried to calm her down and guide her back to the apartment. I’ll admit I took her by the arm, but I was just trying to keep her from wandering off or doing something dangerous. The next thing I knew, someone had called the police saying I was forcibly dragging Amanda around against her will. Within minutes the police showed up and I was in handcuffs, arrested for false imprisonment.

What is False Imprisonment in Nevada?

False imprisonment is defined in Nevada law as “an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.”^[4] In other words, you commit false imprisonment if you restrict someone’s freedom of movement without justification or legal authority to do so.

Some examples of false imprisonment are:^[1]

• Not letting someone leave a room
• Blocking someone’s path so they can’t freely walk away
• Physically holding onto someone to restrain them

In my case, the police and prosecutors believed that by taking Amanda’s arm, I had unlawfully restricted her freedom of movement. I was just trying to guide her back to the apartment, but in their eyes I didn’t have legal authority to physically restrain her like that.

Penalties for False Imprisonment in Nevada

False imprisonment is typically charged as a gross misdemeanor in Nevada. Gross misdemeanors carry penalties of:

^[1]

• Up to $2,000 in fines
• Up to 364 days in county jail

However, false imprisonment penalties increase to a category B felony if:^[1]

• You used a deadly weapon
• You used the victim as a human shield or to avoid arrest
• You were an inmate in lawful custody

Category B felonies carry much harsher punishments:^[1]

• 1-10 years in Nevada State Prison
• Up to $10,000 in fines

In addition to fines and jail time, the court will likely order you to pay restitution to the victim for any damages they suffered from the false imprisonment.

Defenses to False Imprisonment Charges

There are several legal defenses I could have used to fight my false imprisonment charges:^[1]

• I acted in lawful self-defense or defense of others
• The alleged victim consented to the restriction of movement
• I had legal authority to restrain the person, such as a security guard apprehending a shoplifter
• Any restraint was necessary and lasted only a reasonable time
• I had a good faith belief that the restraint was lawful, even if mistaken

In my case, I could have argued that I believed I was acting lawfully to protect Amanda from wandering into danger in her intoxicated state. I could also have argued that my restraint of her was very brief and limited to guiding her back to the apartment.

Getting False Imprisonment Charges Dismissed or Reduced

Even if you are arrested and charged with false imprisonment, the charges can often be dismissed or reduced through plea bargaining. Prosecutors may agree to drop the charges completely or allow you to plead guilty to a lesser offense like disorderly conduct. This usually requires hiring an experienced criminal defense lawyer to negotiate with the prosecutor.^[1]

In my case, my lawyer was able to get the false imprisonment charges reduced to disorderly conduct, a simple misdemeanor. I pled guilty to that lesser offense and got a fine. The whole thing was eventually sealed from my record. So while getting arrested was scary at the time, the final consequences weren’t too severe.

Sealing Nevada False Imprisonment Records

If convicted of misdemeanor false imprisonment in Nevada, you can petition the court to seal your criminal record after 1 year. For category B felony false imprisonment convictions, you must wait at least 5 years to seal.^[1]

Immigration Consequences

False imprisonment charges can also have immigration consequences for non-citizens. Category B felony false imprisonment may be considered an “aggravated felony” which can lead to deportation. Talk to an immigration attorney if this is a concern.^[1]

Can I Sue for False Arrest?

If you were wrongly arrested for false imprisonment, you may be able to sue the police department for false arrest. To win a false arrest lawsuit, you must show:^[1]

• You were detained against your will
• The police lacked probable cause for the arrest
• You suffered damages as a result

Get Legal Help Today

Being arrested for false imprisonment was a terrifying experience I will never forget. My advice is to stay calm, say nothing to the police except that you want your lawyer, and let your criminal defense attorney handle it from there. A skilled lawyer can often get false imprisonment charges dropped or reduced and help you move on with your life.

I hope by sharing my experience it can help others who find themselves in this unfortunate situation. With the right legal help, you can get through it and move on with your life.