False Imprisonment Lawyers in Englewood NJ

False imprisonment in New Jersey is considered a disorderly persons offense (misdemeanor).  The governing statute in New Jersey for false imprisonment is N.J.S.A.2C:13-3.  This charge normally arises out of two common scenarios; the first one being when a prank is taken too far and the other being the result of a heated argument in which one party doesn’t want to simply walk away from the argument. False imprisonment is considered to be a lesser included offense of the more serious charge of kidnapping and criminal restraint. With that being said, it is not uncommon for a charge of false imprisonment to be coupled with a either temporary or final restraining order or even more serious charges like criminal restraint or kidnapping. A final restraining order can have severe consequences on your life.  The Law Offices of Jonathan F. Marshall is a powerful criminal defense firm that is prepared to fight for you.  Our staff is comprised of seven criminal defense attorneys,  including three former prosecutors. Below is some important information with regards to the offense of false imprisonment.

False Imprisonment Lawyers in Saddle Brook NJ: N.J.S.A. 2C:13-3

Before someone can be convicted of false imprisonment in Bergen County, the prosecution must prove beyond a reasonable doubt four material elements.These essential elements are as follows:

          1. That the defendant restrained another,
          2. That while in doing so, the defendant acted unlawfully,
          3. That the said restraint created a substantial interference with the liberty of the victim &
          4. That the defendant acted knowingly throughout the restraining of the victim.

As noted above, the requisite knowledge on behalf of the defendant must be knowing. Therefore, a defendant cannot be convicted of false imprisonment if the defendant simply acted negligently while restraining a victim.  Also, it is important to note here that false imprisonment differs from the more serious offense of criminal restraint.  If the state is trying to prosecute an individual for criminal restraint, they must show that the alleged victim was exposed to the risk of serious bodily injury.

Degree of the Offense & Applicable Penalties if Convicted:

As stated above, false imprisonment is a disorderly persons offense. If convicted a defendant may face up to six (6) months in the Bergen County Jail and up to a $1000.00 fine. In addition, the Judge has the discretion to impose a probationary term and community service if the deem it necessary.

Experienced Bergen County NJ False Imprisonment Attorneys

The Law Offices of Jonathan F. Marshall has been defending individuals charged with false imprisonment throughout Bergen County in towns like Lodi, East Rutherford, Hackensack, Teaneck, Fort Lee, Montvale and Edgewater for over fifteen years. If you or a loved one has been charged with false imprisonment it is imperative that you speak to an experienced criminal defense attorney immediately. If you have any further questions with regards to this offense please contact any one of our Bergen County Offices for a free initial consultation.