An individual can find themselves facing false imprisonment charges for a variety of reasons but the most common scenario occurs as a result of heated domestic dispute where one party doesn’t let the other party leave when requested. Defendant’s charged with false imprisonment in Morris County may also be facing kidnapping, criminal restraint, aggravated assault, stalking, harassment, terroristic threats and a final restraining order as well. The governing statute in New Jersey for false imprisonment is N.J.S.A. 2C:13-3. As you will see below, this offense is considered a disorderly persons offense, which is more commonly known as a misdemeanor.
If you have been charged with the offense of false imprisonment in Morris County, in towns like Parsippany, Dover, Denville, Morristown, Hanover, Mount Olive, Roxbury or Morris Township it is imperative that you speak to a criminal attorney immediately. Not only are you be facing jail time but you are also facing a criminal record and steep fines as well. The law firm of Marshall, Bonus, Proetta & Oliver has over 100 years of combined experience on staff, including years of prior prosecuting experience as well. If you would like to sit down with any one of the eight criminal defense attorneys on staff and discuss your options then contact our office at 973.309.7050. Now here is some vital information on the charge of false imprisonment including what exactly the prosecution must prove beyond a reasonable doubt.
N.J.S.A. 2C:13-3 : Dover NJ False Imprisonment Defense Lawyers
As stated above, false imprisonment is governed by N.J.S.A. 2C:13-3. In order for a Defendant to be convicted of false imprisonment in New Jersey the prosecution must prove four key elements beyond a reasonable doubt. They are as follows:
- Defendant restrained the victim;
- The restraint was against the victim’s will;
- The restraint created a substantial interference with the victim’s liberty &
- Defendant acted knowingly throughout the restraint.
Unlike criminal restraints, in order for the prosecution to convict an individual of false imprisonment they do not need show that the victim was exposed to a risk of serious bodily injury. Simply restraining someone against their will is enough.
What are the Penalties for False Imprisonment in NJ?
False imprisonment is a disorderly persons offense in New Jersey. If convicted, a Defendant faces up to six (6) months in jail, a $1,000 fine, and about $500 worth of fees and assessments. In addition, the Judge may also impose probation and/or community service as well.
False Imprisonment Attorneys in Mount Olive NJ
As you can tell from above, a conviction for false imprisonment can have life changing consequences. With the potential for jail on the line you should seek the assistance of an experienced Morris County criminal defense attorney. Our office has extensive experience representing clients charged with possession of marijuana, possession of a weapon for unlawful purpose, unlawful possession of a weapon and kidnapping. If you would like to discuss your options with one of our experienced criminal defense lawyers then contact our Morristown office at 973.309.7050. Our attorneys are available 24/7 to help assist in any way possible.