False Imprisonment

Evesham False Imprisonment Lawyers

Countless clients have called our offices to describe an event that elevated from a domestic argument into a criminal arrest for Simple Assault, False Imprisonment, Criminal Mischief, Criminal Restraint or Harassment. In these situations, we often step over the line from words to criminal acts. If you were involved in a domestic dispute with a spouse, boyfriend/girlfriend or relative, contact the criminal attorneys at Proetta, Oliver & Fay. Facing criminal charges for False Imprisonment should not be taken lightly. You could be facing serious penalties, a possible restraining order or even an enhancement of your charges to Kidnapping. Moreover, domestic violence allegations will result in your arrest and detention in the Burlington County Jail, pending a formal Detention Hearing. If you or a loved one would like to speak with an attorney about you criminal charges for False Imprisonment, please contact our office today at (609) 850-8284.

Proetta, Oliver & Fay is a criminal defense law firm the represents the accused throughout Burlington County. If you were arrested and charged with a criminal offense in a town like Evesham, Burlington Township, Mount Holly, Bordentown, Pemberton, Maple Shade, Moorestown, Mount Laurel, Florence, Willingboro, Cinnaminson, Southampton or North Hanover, contact our offices today. Firm Partner and former New Jersey Deputy Attorney General, William C. Fay, Esq., heads our firm’s criminal Practice Group in Burlington County. Having spent time as a State Attorney, Mr. Fay now brings this experience to work for the accused. If you would like an immediate and complimentary consultation with Mr. Fay, please call (609) 850-8284 today. We understand that time is of the essence in these types of criminal matters and we will provide you with our unbridled attention.  

What is False Imprisonment in NJ?

False Imprisonment laws are controlled by N.J.S.A. 2C:13-3. Pursuant to N.J.S.A. 2C:13-3, there are four (4) elements to the criminal offense of False Imprisonment. Specifically, the Burlington County Prosecutor must prove that: 

1. You restrained the victim
2. The restraint of the victim was unlawful
3. The restraint interfered substantially with the victim’s freedom AND
4. You acted knowingly.

One of the main defenses to these types of charges is that there was no substantial interference with the “victim’s liberty.” In practice, the State must show that this was that this interference was substantial and not slight or minor. If the victim is restrained only slightly, and such restraint does not substantially interfere with his or her liberty, then the conviction will not stand. In determining whether the interference was substantial, a judge or jury will consider the duration and manner of restraint.

What are the Penalties for False Imprisonment?

In New Jersey, False Imprisonment is a disorderly persons offense. As a disorderly persons offense, False Imprisonment carries up to six (6) months in a Burlington County Jail, a $1,000 fine and a criminal record. Depending upon the facts or your case and your criminal history, or lack thereof, you may be able to convince to Court to admit you into a Diversionary Program like the Conditional Dismissal Program. This program is limited to Municipal Court matters and is not applicable to individuals charged with domestic violence. For more information on these diversionary programs and the penalties for False Imprisonment, please call (609) 850-8284.

Temporary Restraining Order for False Imprisonment

As mentioned earlier, False Imprisonment is one of the underlying acts that can give rise to a Temporary Restraining Order. This means that in the spectrum of domestic violence, the police will ask the victim if they would like to file for a retraining order based on the allegations of False Imprisonment. If the victim files for the temporary restraining order, then the court will process the restraining order with the Burlington County Superior Court. This could require to exit the marital home and turn over on firearms you lawfully own. For more information on how to fight a restraining order please contact our office. 

False Imprisonment Attorneys in Mount Laurel NJ

If you or a family member were in involved in a domestic dispute and charged with False Imprisonment, please do not hesitate to contact our office. The law firm of Proetta, Oliver & Fay has represented thousands of individuals throughout the course of our careers and we fully understand the process required to effectively defendant anyone accused of a criminal offense. if you are facing charges for False Imprisonment, Kidnapping, Aggravated Assault, Sexual Assault, Endangering the Welfare of a Child, or Resisting Arrest, call (609) 850-8284. We handle cases throughout Burlington County and we will provide you with a complimentary consultation about your case. Do not let one momentary lapse in judgement haunt you for the rest of your life.