Arrested for False Imprisonment in NJ?
Talk to a Criminal Defense Lawyer &
Protect Your Rights!
False imprisonment is a serious criminal charge, and
is not as uncommon as you might think. It often occurs in the context of
domestic situations, and is charged along with
domestic violence offenses.
Though it’s not considered a felony, you could face months in jail
for a false imprisonment conviction. You could also be the subject of a
restraining order and be
forced to pay significant fines. If you are facing charges like this,
contact our offices today to discuss your options.
Under New Jersey Criminal Statutes, false imprisonment is defined as
“knowingly restraining another unlawfully so as to interfere
substantially with their liberty.”
It’s easy to see how this law could be applied to a variety of
circumstances. You could be involved in a heated argument and stop the
other person from leaving until you said what you felt needed to be
said. If that person wanted to leave the situation and you forced them
to stay, you could be charged with false imprisonment.
New Jersey False Imprisonment Penalties
False imprisonment is considered a
disorderly persons offense. This means it is punishable by up to 6
months in jail and fines, if you are found guilty. If this is your first criminal offense, you
may not have to serve jail time at all, though the possibility exists.
Legal Defense Strategies
There are many ways to handle charges of false imprisonment. If the
charge is overblown, or unfairly applied, we will obviously fight the
accusation in court, at trial if necessary. There are also options for
plea agreements that result in a lesser charge. The options are
dependent on the facts of your case.
There is only one affirmative defense to false imprisonment as
written in New Jersey statutes. That is if the alleged victim is a child
whom you are the legal guardian or parent of. In most cases, you
wouldn’t even be charged if this were the case.
Whatever happens that lead to this charge, I can help. Maybe you lost
control of your temper when you forced someone to stay in a single
location. You may not have thought your behavior could be considered a
crime under New Jersey law. False imprisonment charges are often levied
against someone who realizes they were acting out of line but had no
idea they had committed a criminal offense.
The circumstances that make your case unique are the same ones that
open up potential options for you within the criminal justice system.
Things like your criminal history, your version of events, and the
victim’s actions can all impact how your case develops and eventually
If you are facing false imprisonment charges and are unsure of your
options or what to do next, contact our offices today.
J. Matthew Reisig, Attorney at Law
(888) 628-8394 or locally at (732) 625-9660
Reisig & Associates, LLC
One Broad Street
Freehold, NJ 07728
We represent clients in every criminal court across New Jersey.
A Certified Criminal Trial Attorney in New Jersey