False imprisonment occurs when a person intentionally restrains another person without their consent or without legal authority to restrain them. The elements of a False Imprisonment claim in Texas are: 1) willful detention; 2) without consent; and 3) without authority of law.It unfolds when an individual deliberately prevents another from leaving a particular space without their explicit consent. A person commits an offense if he intentionally or knowingly restrains another person. (b) It is an affirmative defense to prosecution under this section. The appeal process is complicated and difficult to navigate. Call our team of Texas criminal appeals lawyers for a FREE consultation. Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. False allegations of domestic violence must be handled with extreme care to minimize the damage done to you, when accused. Continuous violence against family members, where two or more assaults occur within a 12month period, is classified as a thirddegree felony.