Unlawful Imprisonment Defense Lawyer in Phoenix, Arizona
In Phoenix, unlawful imprisonment is a lesser included offense of kidnapping and is punished less severely. Both kidnapping and unlawful imprisonment involve the illegal restraint of another person. Restraint can be accomplished a number of ways under Arizona law such as by moving a person from one place to another or by simply restricting their liberty through trickery or coercion. Unlawful imprisonment cases in Phoenix, Mesa, Scottsdale, Tempe, and Glendale are usually charged as a class 6 felony. The criminal act is charged as a misdemeanor when the victim is safely released prior to the defendant’s arrest. Phoenix unlawful imprisonment cases most typically arise in the context of domestic violence situation where the defendant and the alleged victim are related or live together. Phoenix Unlawful Imprisonment Lawyer Joshua S. Davidson is a former felony prosecutor who worked in the family violence bureau of the county attorney’s office where he handled all levels of Phoenix domestic violence cases, including unlawful imprisonment.
Kidnapping is distinguished from unlawful imprisonment based on the defendant’s intent or mindset. For example, if a person commits unlawful imprisonment in Phoenix with the intent to hold the victim for ransom or inflict a sexual offense on the victim, the criminal act can be charged as kidnapping. On the other hand, unlawful imprisonment does not require proof that the defendant intended to do anything other than restrain the victim. Because the potential sentence for a kidnapping conviction can be significantly greater than the punishment for unlawful imprisonment, many experienced Phoenix Criminal Defense Attorneys like Joshua S. Davidson may sometimes seek a reduction down to an unlawful imprisonment charge by attacking the evidence related to the defendant’s intent or motives.
Phoenix Unlawful Imprisonment Defense Lawyer
Many cases involving charges of unlawful imprisonment are based on the allegations of the alleged victim and are not corroborated by any physical evidence or other eyewitnesses. Like most “he said/she said” situations, Phoenix unlawful imprisonment cases are often resolved at trial. If you have been charged with unlawful imprisonment in Phoenix, you need a seasoned trial attorney like Joshua S. Davidson who knows how to confront your accuser in court, expose any inconsistencies in their allegations and attack their credibility. When facing Phoenix unlawful imprisonment charges, there is no substitute for experience. Phoenix Criminal Defense Lawyer Joshua S. Davidson had conducted hundreds of trials between his time as a prosecutor and as a Phoenix criminal defense attorney. If you are facing unlawful imprisonment charges in Phoenix, you should contact Joshua S. Davidson and let him put his experience to work for you.
Contact Phoenix criminal defense lawyer Joshua S. Davidson today for your free initial consultation.