Arizona Unlawful Imprisonment Defense Lawyers
Charged with unlawful imprisonment under A.R.S. § 13-1303? Knowingly restraining another person is a Class 6 felony, but it drops to a Class 1 misdemeanor if you voluntarily released the person in a safe place before arrest. It is often filed alongside assault or domestic violence in a heated dispute. Do not talk to police, call us first.
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What Is Unlawful Imprisonment in Arizona?
Quick answer: Unlawful imprisonment under A.R.S. § 13-1303 means knowingly restraining another person, restricting their movement without consent and without legal authority, in a way that substantially interferes with their liberty, either by confining them or moving them. It is a Class 6 felony, but it is reduced to a Class 1 misdemeanor if the defendant voluntarily released the victim in a safe place, without physical injury, before arrest. It is less serious than kidnapping (§ 13-1304), which adds an aggravating intent such as ransom, a hostage, or sexual assault, and is often charged in domestic disputes alongside assault.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending unlawful imprisonment and other violent crime cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Unlawful Imprisonment in Arizona?
- Is unlawful imprisonment a felony in Arizona?
- What is the difference between unlawful imprisonment and kidnapping in Arizona?
- How much time can you get for unlawful imprisonment in Arizona?
- Is unlawful imprisonment a domestic violence charge in Arizona?
- Is blocking someone from leaving unlawful imprisonment in Arizona?
- Can unlawful imprisonment charges be reduced in Arizona?
- How Arizona Grades Unlawful Imprisonment
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with unlawful imprisonment in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-1303, the penalties, and the defenses that matter most.
Is unlawful imprisonment a felony in Arizona?
Yes, usually. Unlawful imprisonment under A.R.S. § 13-1303 is a Class 6 felony, the lowest felony class. However, it is reduced to a Class 1 misdemeanor if you voluntarily released the person in a safe place, without physical injury, before arrest.
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When you are looking for the best Phoenix violent crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
What is the difference between unlawful imprisonment and kidnapping in Arizona?
Both involve restraining a person, but kidnapping under A.R.S. § 13-1304 requires an added aggravating intent, such as holding for ransom, as a hostage, to inflict injury, or to aid a felony. Without that special intent, the offense is the less serious unlawful imprisonment, a Class 6 felony rather than a Class 2.
How much time can you get for unlawful imprisonment in Arizona?
As a Class 6 felony, unlawful imprisonment carries a presumptive term of about one year, a range of roughly 4 months to 2 years, and is often probation-eligible. If reduced to a Class 1 misdemeanor through safe release, the maximum is 6 months in jail.
Is unlawful imprisonment a domestic violence charge in Arizona?
It can be. When the alleged victim is a spouse, partner, family member, or someone you live with, it is tagged as domestic violence under A.R.S. § 13-3601, adding a firearm prohibition, mandatory counseling, and a no-contact order. It is frequently filed alongside assault in a heated dispute.
Is blocking someone from leaving unlawful imprisonment in Arizona?
It can be charged that way, but it is not automatically a crime. The restraint must substantially interfere with the person’s liberty and be knowing, without consent or legal authority. Briefly standing in a doorway during an argument may not meet that standard, which is a common defense.
Can unlawful imprisonment charges be reduced in Arizona?
Yes. Under A.R.S. § 13-1303(B), if you voluntarily released the person in a safe place, without injury, before arrest, the offense is a Class 1 misdemeanor rather than a felony. Defeating a kidnapping overcharge, or showing consent or no substantial restraint, can also reduce or dismiss the case.
How Arizona Grades Unlawful Imprisonment
The same restraint can be a Class 1 misdemeanor, a Class 6 felony, or, if overcharged, a Class 2 kidnapping. Safe release and the absence of aggravating intent are what move it down.
| Conduct | Statute | Level | Exposure (First Offense) |
|---|---|---|---|
| Restraint, victim safely released before arrest | 13-1303(B) | Class 1 Misd. | Up to 6 months jail |
| Knowingly restraining another (standard) | 13-1303(A) | Class 6 Felony | Probation or about 1 year |
| Restraint with a domestic-violence tag | 13-1303 + 13-3601 | Class 6 (DV) | Felony + firearm ban, counseling |
| Kidnapping (restraint + aggravating intent) | 13-1304 | Class 2 Felony | 5 to 12.5 years (often higher) |
| Kidnapping, victim released safe / no injury | 13-1304(B) | Class 4 Felony | 1 to 3.75 years |
Defeating a kidnapping overcharge, or establishing voluntary safe release, is the single most valuable outcome in these cases.
What the State Must Prove for Unlawful Imprisonment
To convict you of Unlawful Imprisonment under A.R.S. § 13-1303, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Restraint. You restricted another person’s movement, either by confining them or moving them from one place to another.
- 2Without consent or legal authority. The restraint was without the person’s valid consent and without any lawful right to restrain them.
- 3Substantial interference with liberty. The restriction substantially interfered with the person’s freedom of movement, a brief or trivial restriction may not qualify.
- 4Knowingly. You acted knowingly, aware that you were restraining the person, the required culpable mental state.
Examples of Conduct Charged as Unlawful Imprisonment
- Blocking a partner from leaving a room or the home during an argument
- Holding or grabbing someone to stop them from walking away
- Locking another person in a room, car, or building against their will
- Taking and refusing to return car keys to trap someone in a place
- Restraining a person during a dispute that is also charged as assault
What Sentence Could You Actually Face?
Unlawful imprisonment is a Class 6 felony, but voluntary safe release drops it to a misdemeanor, and an overcharge or domestic-violence tag can raise the stakes. Where you fall depends on the facts and how the case is charged.
Class 1 Misd.
Safe Release Before Arrest
Class 6 Felony
Standard Charge
Class 2 (Kidnap)
If Overcharged
⚠ Safe Release Can Make It a Misdemeanor
The most important fact in many unlawful imprisonment cases is whether the person was voluntarily released in a safe place, without injury, before arrest. If so, A.R.S. § 13-1303(B) makes the offense a Class 1 misdemeanor instead of a felony. Establishing safe release, or defeating a kidnapping overcharge, is the core of the defense.
How We Fight Arizona Unlawful Imprisonment Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Restraint & Intent
No Substantial Interference. The restraint must substantially interfere with the person’s liberty. Briefly blocking a path or grabbing an arm during an argument may not meet the legal standard.
Consent. If the person agreed to be where they were, or was free to leave, there was no unlawful restraint.
Legal Authority. A parent, or someone with lawful authority, may in some circumstances lawfully restrict another’s movement without committing a crime.
No Knowing Conduct. The State must prove you knowingly restrained the person. A misunderstanding or accidental obstruction is not enough.
Reducing & Defeating the Charge
Voluntary Safe Release. If the person was released in a safe place, without injury, before arrest, A.R.S. § 13-1303(B) reduces the offense from a felony to a Class 1 misdemeanor.
Defeating a Kidnapping Overcharge. Where the State alleges kidnapping, we show the absence of the special aggravating intent it requires, keeping the case a Class 6 unlawful imprisonment.
False or Exaggerated Allegations. Common in domestic and custody disputes, where motive, bias, and inconsistent statements undermine the accuser.
Unlawful Statements or Search. Admissions taken without Miranda warnings, or evidence from an unlawful search, can be suppressed and excluded.
The Experts We Bring to the Table
The State builds assault cases with police, ER records, and a one-sided narrative. We answer with specialists who test every piece of it.
Medical & ER Experts
Injury Severity
Independently review the medical records to challenge whether the injury meets Arizona’s narrow definition of ‘serious physical injury,’ which drives the felony class.
Use-of-Force Experts
Reasonableness
Evaluate whether the force used was reasonable and justified under the circumstances, central to a self-defense claim.
Video & Scene Analysts
Surveillance & 911
Recover and analyze surveillance footage, body-worn camera, and 911 audio that often show who the real aggressor was.
Forensic & Wound Experts
Mechanism of Injury
Assess whether the wounds and the alleged weapon are consistent with the State’s account, and with the defense version.
Eyewitness-ID Experts
Identification
Expose the well-documented unreliability of eyewitness identification in chaotic, fast-moving incidents.
Psychological Experts
Threat & Perception
Explain perception of threat and reaction under stress, supporting the reasonableness of a defensive response.
Recent Unlawful Imprisonment Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles unlawful imprisonment cases across Arizona.
Domestic Unlawful Imprisonment
Charges Dismissed
We showed the alleged restraint was a brief argument with no substantial interference with liberty, and the case was dismissed.
Kidnapping Overcharge
Reduced to Unlawful Imprisonment
We defeated the special-intent element, dropping a Class 2 kidnapping to a Class 6 unlawful imprisonment.
Safe-Release Reduction
Reduced to Misdemeanor
We established that our client released the person safely and unharmed before any arrest, reducing the felony to a Class 1 misdemeanor.
Custody-Dispute Allegation
Charges Dropped
We exposed the accuser’s motive in a contested custody case, and the State dropped the unlawful imprisonment charge.
Consent Defense
Not Guilty
Evidence showed the other person stayed voluntarily and was free to leave, and the jury returned a not-guilty verdict.
First-Offense Resolution
Probation, No Prison
We resolved a first-offense felony to probation, avoiding prison and preserving our client’s record where possible.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best unlawful imprisonment lawyer in Arizona, a false imprisonment or restraint defense attorney in Phoenix, help distinguishing it from kidnapping, or an A.R.S. 13-1303 defense. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend unlawful imprisonment and other violent crime cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona violent crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Unlawful Imprisonment FAQs
Quick answers to the questions we hear most about unlawful imprisonment charges, penalties, and defenses in Arizona.
Is unlawful imprisonment a felony in Arizona?
Yes, usually. Unlawful imprisonment under A.R.S. 13-1303 is a Class 6 felony, the lowest felony class. However, it is reduced to a Class 1 misdemeanor if you voluntarily released the person in a safe place, without physical injury, before arrest.
What is the difference between unlawful imprisonment and kidnapping?
Both involve restraining another person, but kidnapping under A.R.S. 13-1304 requires an added aggravating intent, such as holding for ransom, as a hostage, to inflict injury or a sexual offense, or to aid a felony. Without that special intent, the offense is the less serious unlawful imprisonment, a Class 6 felony rather than a Class 2.
How much time can I get for unlawful imprisonment?
As a Class 6 felony, unlawful imprisonment carries a presumptive term of about one year, a range of roughly 4 months to 2 years, and is often probation-eligible. If reduced to a Class 1 misdemeanor through safe release, the maximum is 6 months in jail. Prior felonies increase the exposure.
What does it mean to ‘restrain’ someone under Arizona law?
To restrain means to restrict another person’s movement without their consent and without legal authority, in a way that substantially interferes with their liberty, by either confining them or moving them. A brief or trivial restriction may not meet this standard, which is a common defense.
Can unlawful imprisonment be a domestic-violence charge?
Yes. When the alleged victim is a spouse, partner, family member, or someone you live with, unlawful imprisonment is tagged as domestic violence under A.R.S. 13-3601. That adds a firearm prohibition, mandatory offender treatment, and a no-contact order on top of the underlying penalties.
How does the State prove unlawful imprisonment?
The State must prove you knowingly restrained the person, without consent and without legal authority, in a way that substantially interfered with their liberty. The weakest points are usually whether the restraint was substantial, whether the person consented or was free to leave, and your knowing intent.
Can unlawful imprisonment be reduced to a misdemeanor?
Yes. Under A.R.S. 13-1303(B), if you voluntarily released the person in a safe place, without physical injury, before arrest, the offense is a Class 1 misdemeanor rather than a felony. Establishing voluntary safe release is one of the most valuable outcomes in these cases.
Is blocking someone from leaving a room unlawful imprisonment?
It can be charged that way, but it is not automatically a crime. The restraint must substantially interfere with the person’s liberty and be knowing, without consent or legal authority. Briefly standing in a doorway during an argument may not meet the standard, which is a frequent defense.
Can the alleged victim drop the charges?
No. Only the prosecutor can decide whether to pursue or dismiss the case, not the alleged victim. A victim’s wishes can influence the prosecutor, but it must be handled through your lawyer, and contacting the accuser directly, especially with a no-contact order, can be a new crime.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Unlawful imprisonment (A.R.S. § 13-1303) is knowingly restraining another person without consent or legal authority.
- It is a Class 6 felony, the lowest felony class, with a presumptive term of about one year and probation eligibility.
- It drops to a Class 1 misdemeanor if you voluntarily released the person in a safe place, without injury, before arrest.
- “Restrain” requires a substantial interference with liberty, briefly blocking a doorway or grabbing an arm may not qualify.
- It is distinct from kidnapping (§ 13-1304), a far more serious Class 2 felony that requires an added aggravating intent.
- It is frequently filed alongside assault or domestic violence in heated arguments, and often carries a DV designation.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.