This can include probable cause for the arrest. False imprisonment occurs when a person intentionally and illegally restrains another person's ability to move freely.If you were wrongfully accused of household violence, call a lawyer to defend yourself against false accusations in Virginia domestic violence cases. If you believe you have been falsely accused in your domestic violence case in Virginia, contact an experienced domestic violence lawyer. A misdemeanor offense carries a penalty of up to 12 months in jail, while a felony conviction could land you in prison for up to five years. It is a tort and actionable in civil law. The unlawful touching is the crime. Of course, the extent of any injuries sustained can impact the severity of the sentence imposed. In the United States false imprisonment can be both a crime and a tort (grounds for a civil suit). Maliciously or Unlawfully: Maliciously means acting intentionally and without provocation.