Consent to Electronic Communications: By clicking submit, the Client hereby consents to receive communications from the Firm electronically, which may include emails, text messages, or other forms of electronic communication. The Client acknowledges that all agreements, notices, disclosures, and other communications that the Firm provides electronically satisfy any legal requirement that such communications be in writing. The Client may withdraw this consent at any time by providing the Firm with written notice of their withdrawal. Upon receipt of such withdrawal, the Firm will cease sending electronic communications to the Client, except as required by law or as necessary to fulfill any remaining obligations under this Agreement.
How Does the Prosecutor Prove Unlawful Imprisonment in Arizona?
To convict someone of unlawful imprisonment in Arizona, the prosecutor must prove several elements beyond a reasonable doubt. Under ARS 13-1303, the prosecution will typically use the following evidence to establish the crime:1. Intentional Restraint; 2. Lack of Consent; 3. No Lawful Right to Stop Movement; 4. Freedom of Movement Affected; and 5. Force, Intimidation or Deception.To prove unlawful imprisonment in Arizona, the prosecutor must establish that the defendant knowingly restricted another person’s movement (intentional restraint) without their consent and without legal authority. The victim’s freedom of movement must have been substantially interfered with, meaning it was more than a minor inconvenience. Evidence such as physical barriers (locking a door), verbal threats, or deception (tricking someone into staying) may be used to show the defendant used force, intimidation, or deceit to restrain the alleged victim.
What Is Unlawful Imprisonment in Arizona?
In Arizona, unlawful imprisonment is a criminal offense that occurs when someone knowingly restrains another person’s movement without legal authority. The charge is defined under ARS 13-1303, and it often arises in situations involving:
- Domestic disputes – One partner prevents the other from leaving during an argument.
- Altercations in public places – Someone forcibly holds another person back, blocking their movement.
- False accusations – A person claims they were unlawfully restrained, even if it was consensual.
Legal Definition (ARS 13-1303):
A person commits unlawful imprisonment by knowingly restraining another person without their consent or legal justification.
Unlawful imprisonment does not require physical violence—blocking a door, holding someone against their will, or using intimidation can be enough for a charge.
Penalties for Unlawful Imprisonment in Arizona
How Unlawful Imprisonment in Arizona Differs from Kidnapping
Many people confuse unlawful imprisonment with kidnapping (ARS 13-1304). While both crimes involve restraining a person, kidnapping requires additional elements, such as:
| Crime | Definition | Penalty |
|---|---|---|
| Unlawful Imprisonment | Restricting another person’s movement without legal authority | Misdemeanor or felony (Class 6) |
| Kidnapping | Holding someone with the intent to harm, ransom, or force participation in a crime | Class 2 Felony (up to 12.5 years in prison) |
Unlawful imprisonment is a less severe charge, but it is still a serious crime in Arizona.
Defenses Against Unlawful Imprisonment Charges
If you are charged with unlawful imprisonment in Arizona, there are several legal defenses available. At Tamou Law Group, we explore every possible defense to fight for our clients.
1️⃣ Lack of Intent
The prosecution must prove that you knowingly restrained another person. If the incident was accidental or unintentional, you cannot be convicted.
2️⃣ Consent
If the alleged victim voluntarily stayed in the location or agreed to be restrained (e.g., in a prank or consensual situation), there is no crime.
3️⃣ Self-Defense
If you restrained someone to prevent them from causing harm, it may be a justifiable defense. For example, stopping an intoxicated person from driving could be considered a protective measure rather than unlawful imprisonment.
4️⃣ False Accusation
Many unlawful imprisonment cases arise from false allegations, especially in domestic disputes. If witnesses, surveillance footage, or phone records contradict the victim’s claim, it can weaken the prosecution’s case.
5️⃣ Insufficient Evidence
The prosecution must present concrete evidence to support the charge. If there is no proof beyond a reasonable doubt, the case may be dismissed.
Each case is unique, and a strong defense strategy depends on the specific facts of your situation.
Where Are Unlawful Imprisonment Cases Heard in Arizona?
If you are charged with unlawful imprisonment, your case will be heard in Arizona’s municipal, justice, or superior courts.
Some of the key courthouses include:
📍 Maricopa County Superior Court – 201 W. Jefferson St., Phoenix, AZ
📍 Pima County Superior Court – 110 W. Congress St., Tucson, AZ
We handle cases across Phoenix, Tucson, Mesa, Glendale, and all of Arizona.
What to Do If You Are Charged with Unlawful Imprisonment in Arizona
✅ Do not speak to the police – Anything you say can be used against you.
✅ Gather evidence – Texts, videos, and witness statements can help your defense.
✅ Contact Tamou Law Group immediately to discuss your legal options.
📞 Call us at 623-321-4699 for a free consultation.
Why Choose Tamou Law Group?
✅ Aggressive Defense: We fight to get charges reduced or dismissed.
✅ Experienced Representation: Successfully defending Arizona clients for years.
✅ Free Consultation: Call 623-321-4699 today to discuss your case.
If you are facing unlawful imprisonment charges, don’t wait. Contact Tamou Law Group today for the defense you deserve.
