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
The penalties for unlawful imprisonment in Arizona depend on the circumstances of the crime and whether the victim was harmed or voluntarily released. The charge can be classified as either a Class 6 felony or a Class 1 misdemeanor, with varying consequences.
Class 6 Felony Penalties
If the victim was restrained against their will and was not voluntarily released, the charge is a Class 6 felony under ARS 13-1303. Penalties include:
- Prison Sentence: 4 months to 1.5 years
- Probation: Up to 3 years
- Fines: Up to $150,000
- Felony Record: Impacts employment, housing, and firearm rights
Aggravating vs. Mitigating Factors
- Aggravating factors: victim injury, child involvement, or extended restraint.
- Mitigating factors: no prior history, cooperation with law enforcement.
Can It Be Reduced to a Misdemeanor?
Arizona law allows some Class 6 felonies to be designated as misdemeanors if the defendant has little to no criminal history, under ARS 13-604.
Class 1 Misdemeanor Penalties
- Jail: Up to 6 months
- Probation: Up to 3 years
- Fines: Up to $2,500
- Criminal Record: May still affect employment
Additional Consequences
- Loss of firearm rights (felony cases)
- Employment barriers and housing restrictions
- Immigration consequences
- Custody impact in family court
How Unlawful Imprisonment Differs from Kidnapping
While both involve restraining another person, kidnapping requires additional intent, such as ransom, harm, or coercion.
| Crime | Definition | Penalty |
|---|---|---|
| Unlawful Imprisonment | Restraining another person’s movement without authority | Misdemeanor or Class 6 Felony |
| Kidnapping | Holding someone with intent to harm, ransom, or force a crime | Class 2 Felony (up to 12.5 years) |
Defenses Against Unlawful Imprisonment Charges
Several defenses may apply depending on the circumstances of your case:
- Lack of Intent – The act was accidental or not knowing.
- Consent – The alleged victim agreed to remain.
- Self-Defense – The restraint was to prevent harm.
- False Accusation – Common in domestic disputes.
- Insufficient Evidence – No proof beyond a reasonable doubt.
A strong defense depends on the details of each case.
Where Are Unlawful Imprisonment Cases Heard in Arizona?
Unlawful imprisonment cases are heard in municipal, justice, or superior courts depending on severity.
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 for legal guidance.
📞 Call 623-321-4699 for a free consultation.
Why Choose Tamou Law Group?
✅ Aggressive Defense: We fight to have 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.