Understanding ARS Unlawful Imprisonment: ARS 13-1303
Facing unlawful imprisonment charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information about the charge and the possible penalties, helping you understand each step of the process.
This guide provides an in-depth examination of the unlawful imprisonment Arizona law. It explains key legal terminology, sentencing frameworks, and the broader implications of the charge.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with unlawful imprisonment, let Lawyer Listed match you with your ideal criminal defense lawyer as soon as possible.
What Is ARS Unlawful Imprisonment?
Arizona law defines unlawful imprisonment as knowingly restraining another person without legal authority. Restraint means preventing someone from moving freely or leaving. This can happen in many ways, such as locking someone in a room, keeping them in a house or car, blocking exits, or physically stopping them from leaving an area.
The heart of ARS unlawful imprisonment is simple: you knowingly took away someone’s freedom to move, and you had no legal right to do it.
Key Concepts of Unlawful Imprisonment
- Knowingly: You are aware of your actions or the circumstances that make up the offense. Knowingly does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
- Relative: Parent or stepparent, ancestor, descendant, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption, or a spouse.
- Restrain: Substantially interfere with a person’s liberty by restricting their movement without consent and without legal authority, either by moving them from one place to another or by confining them where they cannot leave. A restraint is considered non‑consensual when it is achieved through physical force, intimidation, or deception, or when the person submits only because they are under eighteen years old or otherwise incapable of understanding or resisting, and their lawful custodian has not agreed to the movement or confinement.
Elements of Unlawful Imprisonment
For the prosecution to convict you of unlawful imprisonment Arizona charges, they must prove two elements beyond a reasonable doubt:
You knowingly restrained another person.
The restraint was nonconsensual and unlawful. This means you had no legal authority or justification for holding the person. For example, a police officer making a lawful arrest has legal authority. A private citizen blocking someone from leaving a room typically does not.
It doesn’t matter how long you restrained someone. Even if you only held someone for a few minutes, that can still be unlawful imprisonment under ARS 13 1303. The duration of the restraint is not what makes it a crime—it is whether the restraint was knowing and unlawful.
Unlawful Imprisonment Defenses
It is a defense to the crime of unlawful imprisonment if one of the following circumstances exists:
- The restraint is carried out by a peace officer or detention officer who is acting in good faith and within the lawful scope of official duties.
- The restraint is carried out by a relative of the person restrained, with the sole purpose of obtaining lawful custody of that person, and the restraint is accomplished without causing physical injury.
You, as the defendant, must prove one of these affirmative defenses by a preponderance of the evidence. This is a lower burden of proof than “beyond a reasonable doubt. Proof by “a preponderance of the evidence” means that it is more likely than not that a fact is true. If you prove either of these defenses, the jury must find you not guilty of unlawful imprisonment.
Arizona Statute of Limitations for ARS Unlawful Imprisonment
The statute of limitations is the deadline for filing criminal charges. For misdemeanor unlawful imprisonment, prosecutors must file the case within one year of the incident. For felony unlawful imprisonment, prosecutors have up to seven years from the date of the offense.
Sentencing for Unlawful Imprisonment
The penalty for unlawful imprisonment is substantial and can have long‑lasting effects. Sentences vary based on your criminal history and the facts of the case. Understanding these consequences helps you make informed decisions about your defense.
| Offense | Charge | Prison/Jail | Probation (max) |
|---|---|---|---|
| Unlawful imprisonment | Class 6 felony | Prison: 0.33 – 2 years | 3 years |
| Unlawful Imprisonment (voluntary & safe release) | Class 1 misdemeanor | Jail: Up to 6 months | 3 years |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: ARS 13-1303 defines unlawful imprisonment as knowingly restraining another person without legal justification. This restraint can involve many different actions, including physically confining someone to a room, house, or vehicle, blocking exits, or preventing them from leaving an area. The core of this offense is the knowing and unlawful deprivation of another person’s freedom of movement.
- Legal Defenses:
- Good Faith Performance of Duty: If you are a police officer or detention officer who restrained someone while acting in good faith during the lawful performance of your official duties, you have a valid defense. This means you were doing your job properly and following legal procedures.
- Lawful Custody by a Relative: It is an affirmative defense if you restrained a relative with the sole intent to assume lawful custody of that person, and you did not cause any physical injury during the restraint.
- Sentencing: ARS unlawful imprisonment carries different penalties depending on the circumstances of the crime.
- Unlawful imprisonment: Classified as a Class 6 felony with a potential prison sentence ranging from 4 months (0.33 years) to 2 years and/or up to 3 years of probation.
- Unlawful imprisonment (voluntary & safe release): Classified as a Class 1 misdemeanor with a potential jail sentence up to 6 months and/or up to 3 years of probation.
- Statute of limitations: The statute of limitations for unlawful imprisonment is 1 year for misdemeanor offenses and 7 years for felony offenses.
Next Steps:
Unlawful imprisonment is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing ARS unlawful imprisonment charges, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.