Elizabeth, NJ False Imprisonment Charge Attorney

False imprisonment (NJSA 2C:13-3) is the intentional confinement or restraint of a person without lawful authority. This can be done physically or through threats or intimidation. In New Jersey, false imprisonment is a crime, and the penalties can vary depending on the circumstances. If you or a loved on is facing false imprisonment charges in New Jersey, then it is imperative to speak with an attorney right away. False imprisonment charges are commonly charged with criminal restraint, kidnapping, and robbery. If you are seeking legal representation for a false imprisonment charge in New Jersey, then Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this page that will provide you with a general overview of the law regarding false imprisonment charge in New Jersey, as well as some common defenses that may be available to you.

Definition of New Jersey False Imprisonment Charge

According to the New Jersey Revised Statutes Section 2C:13-3, false imprisonment is a disorderly persons offense that occurs when a person knowingly restrains another person unlawfully so as to interfere substantially with their liberty. The restraint can be accomplished by force, threat, or deception, or without the consent of the parent or guardian if the person restrained is under 18 or incompetent.

False imprisonment is different from criminal restraint, which is a more serious offense that involves exposing the person restrained to a risk of serious bodily injury or holding them in involuntary servitude. 

False imprisonment is also different from kidnapping, which is the most serious offense that involves removing or confining a person for a prolonged period of time with the purpose of terrorizing, injuring, or holding them for ransom.

Elements of False Imprisonment Charge

The prosecutor must prove each and every element of false imprisonment beyond a reasonable doubt. According the New Jersey Model Jury Charge, in order for the prosecution to prove false imprisonment, the following elements must be established beyond a reasonable doubt:

1. That the defendant restrained [name of victim];
2. That the restraint was unlawful;
3. That the restraint interfered substantially with [name of victim’s] liberty; and
4. The defendant acted knowingly.

Confinement or Restraint: The person must be confined or restrained in a manner that prevents them from leaving. This can be done physically, such as by locking someone in a room, or through psychological coercion, such as by threatening violence.

Lack of Lawful Authority: The person who confines or restrains the other person must not have lawful authority to do so. For example, a police officer may have the authority to arrest someone, but a private citizen does not.

Substantial Interference of Liberty: If the victim is restrained only slightly, and such restraint does not substantially interfere with his/her liberty, then you must not convict the defendant of the false imprisonment charge. In determining whether the interference was substantial, the jury/judge may consider the duration and manner of restraint, and all other relevant facts and circumstances before them.

Knowingly: The person who confines or restrains the other person must have the intent to do so. This can be express or implied.

Penalties for False Imprisonment in New Jersey

The penalties for false imprisonment in New Jersey can be serious. False imprisonment is a disorderly persons offense, the person convicted may be sentenced to up to six months in jail and fined up to $1,000. In addition to this, the judge could also sentence a defendant to community service. If false imprisonment falls under the definition of domestic violence, then a No-Contact Order can also be issued. A violation of a No-Contact Order can result in additional criminal charges. A false Imprisonment conviction can result in a criminal record as well. This is why it is important to speak with an attorney if you or a loved one has been charged with false imprisonment in New Jersey.

Defenses to False Imprisonment

There are a couple of defenses that can be raised to a charge of false imprisonment, including:

Consent: If the person who is confined or restrained consents to the confinement or restraint, then there is no false imprisonment.

Justification: If the confinement or restraint is justified, then there is no false imprisonment. For example, a police officer may have the authority to arrest someone, or a parent may have the right to restrain their child. It is an affirmative defense in New Jersey if the person restrained is under 18 and the actor was a parent or legal guardian of the child and their sole purpose was to assume control over the child.

Conditional Dismissal & False Imprisonment

Whether a conditional dismissal is available to someone charged with false imprisonment in New Jersey depends on several factors:

1. Severity of the Charge:

• Disorderly Persons Offense: False imprisonment is charged as a disorderly persons offense in New Jersey and typically involves minor restraint or confinement without justification. In this case, conditional dismissal may be a possibility as long as other eligibility criteria are met (e.g., no prior convictions, first-time offense).

2. Eligibility Criteria:

Individuals must meet specific criteria to qualify for conditional dismissal:

• First-time offense: No prior criminal convictions or participation in similar diversionary programs.
• Charge type: The offense shouldn’t involve domestic violence, organized crime, public trust betrayal, or certain other disqualifying categories.
• Court approval: Ultimately, the judge decides whether to grant conditional dismissal based on various factors like the circumstances of the case and the defendant’s background.

Frequently Asked Questions (FAQs)

1. What is considered false imprisonment in New Jersey? People often ask about the specific actions that constitute false imprisonment. In New Jersey, it involves unlawfully restraining someone to significantly limit their freedom of movement.

2. What are the penalties for false imprisonment? There’s curiosity about the consequences one might face if convicted. False imprisonment is a disorderly persons offense in New Jersey, carrying penalties of up to six months in jail and fines up to $1,000.

3. How does false imprisonment differ from kidnapping? Individuals seek to understand the difference between false imprisonment and more serious charges like kidnapping. False imprisonment is considered less severe than kidnapping, which involves moving or confining a victim with the intent to hold them for ransom, service, or other purposes.

4. Can a citizen’s arrest lead to false imprisonment charges? Questions arise about the legality of a citizen’s arrest and when it might cross the line into false imprisonment. A citizen’s arrest without proper legal grounds or unreasonable delay in bringing the individual before a judge could result in false imprisonment charges.

5. What defenses can be used against false imprisonment charges? People inquire about potential defenses. For example, if the accused had a reasonable belief that the confinement was lawful, or if the person restrained consented to the restriction of their movement, these could be used as defenses.

Distinguished New Jersey False Imprisonment Lawyer

If you have been charged with false imprisonment in New Jersey (NJSA 2C:13-3), it is important to contact an attorney immediately. An attorney can help you understand your rights, negotiate with the prosecutor, and defend you in court. Brett M Rosen is an excellent choice to defend you or your loved one against a false imprisonment charge since criminal defense lawyer based in New Jersey. He has been recognized as one of the top criminal defense attorneys of 2023. He has also been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.

He has experience in handling various criminal cases, including false imprisonment, domestic violence, sex crimes, drug crimes, gun crimes, internet crimes, theft, violent crimes, and white collar crimes. He has also handled some high-profile cases involving celebrities and reality stars. He has received positive reviews from his clients, who praised his professionalism, dedication, assertiveness, and effectiveness in representing them. He has also been described as a very effective litigator with the jury by other attorneys.

Call today for a consultation regarding your False Imprisonment charge.