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Unlawful Imprisonment Charges in Arizona?
Your Freedom Is Worth Defending.
Unlawful imprisonment under ARS 13-1303 is a class 6 felony in Arizona, and it drops to a class 1 misdemeanor only if the other person was released voluntarily, without physical injury, in a safe place before an arrest. The charge often comes out of a heated argument at home, which means one bad night can turn into a felony record. We recommend you speak to a criminal defense attorney experienced in handling unlawful imprisonment cases in Maricopa County before your first court date.
Unlawful imprisonment is Arizona’s shortest violent crime statute. ARS 13-1303 says a person commits the offense by knowingly restraining another person. That is the entire definition. There is no requirement of injury, no requirement of movement, and no requirement of any particular purpose.
That last part is what makes this charge worth understanding. Unlawful imprisonment is kidnapping with the intent element removed. Kidnapping is a Class 2 felony carrying years in prison. Unlawful imprisonment is a Class 6 felony, the lowest felony class Arizona has, and it can drop to a misdemeanor. Which one you face depends entirely on what the state can prove you were trying to accomplish.
Matthew Lopez Law defends unlawful imprisonment charges throughout Arizona. Contact our firm for a confidential consultation.
The word doing all the work is defined separately, in ARS 13-1301. To restrain someone means to restrict their movements without consent, without legal authority, and in a manner that interferes substantially with their liberty, either by moving them from one place to another or by confining them.
Each of those three parts is a place to fight.
Without consent means the restraint was accomplished by physical force, intimidation, or deception. If the person stayed voluntarily, there is no restraint.
Without legal authority carves out a great deal of ordinary conduct. Parents, peace officers, and merchants detaining a suspected shoplifter may all have lawful authority to restrict someone’s movement.
Substantial interference is the element most often overlooked. Briefly standing in a doorway, holding someone’s wrist for a moment, or delaying someone’s exit is not automatically a crime. Duration, whether other exits existed, and whether the person actually tried to leave all matter.
| Circumstance | Classification | Exposure |
| Standard | Class 6 felony | 4 months to 2 years prison, presumptive 1 year, probation available |
| Victim released voluntarily, without physical injury, in a safe place, before arrest | Class 1 misdemeanor | Up to 6 months jail, up to $2,500 plus 84% surcharge |
The release provision is one of the most useful in Arizona’s criminal code. Three conditions must all be met: the release was voluntary, there was no physical injury, and it happened in a safe place before arrest. Meeting all three converts a felony into a misdemeanor, which preserves civil rights, firearm rights, and employment prospects.
Documenting the circumstances of the release early, through witness statements, video, and communications, is often the single most valuable thing a defense can do in these cases.
Prosecutors frequently charge both and let the jury choose. The difference is intent.
| Unlawful Imprisonment | Kidnapping | |
| Statute | ARS 13-1303 | ARS 13-1304 |
| Restraint required | Yes | Yes |
| Specific intent required | No | Yes, one of six listed purposes |
| Base classification | Class 6 felony | Class 2 felony |
| Reduced classification | Class 1 misdemeanor on safe release | Class 3 or Class 4 felony on voluntary release |
Kidnapping’s six intents include holding for ransom or as a hostage, inflicting death or injury or a sexual offense, aiding a felony, or placing someone in reasonable apprehension of imminent injury. When the state cannot prove one of those, unlawful imprisonment is the correct charge, and moving a case from Class 2 to Class 6 is worth more than almost any other outcome available.
ARS 13-1303 contains its own built-in defenses beyond the general ones.
Relative assuming lawful custody. It is a defense that the restraint was by a relative of a person under 18 or an incompetent person, with the sole purpose of assuming lawful custody, and the restraint was accomplished without physical injury.
Peace officers and detention authority. Lawful detention by a peace officer acting in the scope of their duties is not unlawful imprisonment.
Merchant detention. Arizona law permits a merchant with reasonable cause to detain a suspected shoplifter for a reasonable time in a reasonable manner for investigation. Loss prevention and retail employees charged under this statute frequently have this defense available.
When the alleged victim shares a qualifying relationship with the defendant, unlawful imprisonment carries the domestic violence designation. That brings a lifetime federal firearm prohibition under 18 U.S.C. 922(g)(9) if the conviction is a misdemeanor, mandatory offender treatment, a no-contact order, and a prior that counts for 84 months toward a Class 5 felony third offense.
The irony is worth noting. Getting the charge reduced from a felony to a misdemeanor does not escape the firearm ban when a domestic violence designation attaches, because federal law reaches misdemeanor domestic violence convictions. That makes defeating the DV designation, or the charge itself, more important than the classification alone.
Consent. The person stayed voluntarily. Text messages, call logs, and the presence of other people frequently contradict a later claim of confinement.
No substantial interference. Momentary or minimal restriction does not meet the statutory standard. Whether the person tried to leave, and what happened when they did, is central.
Legal authority. Parental authority, merchant detention, and lawful citizen detention are complete defenses.
Safe release. Establishing voluntary release without injury in a safe place before arrest reduces the offense to a misdemeanor by operation of the statute.
No knowing conduct. The statute requires a knowing restraint. Blocking a hallway without awareness that someone was trying to pass is not a crime.
Fabrication and exaggeration. These allegations arise most often in breakups and custody disputes where the account is given after the fact and after the relationship soured. Inconsistencies between the initial report and later statements are frequently decisive.
Unlawful imprisonment cases turn on the definition of restraint and on whether the state can prove a kidnapping intent it usually cannot. Early work on consent, legal authority, and the safe-release provision is what keeps a heated argument from becoming a felony record.
We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Payment plans available. Every interaction confidential.
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