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False Imprisonment Charges Defense Lawyers in Trenton NJ
Arguments and altercations are going to happen, especially between loved ones, that is just part of life. However, when things escalate and someone is held against their will, even if the individual’s underlying purpose was to finish a conversation, the individual could be charged with false imprisonment. This offense typically happens during domestic disputes, whether it between a love, ex-lovers or a family members. Regardless of the situation, if you are charged with false imprisonment in Mercer County, you should speak to an attorney as soon as possible about your options. False imprisonment is a disorderly persons offense in New Jersey, also know as a misdemeanor. You will see below, if convicted a Defendant could be incarcerated in the Mercer County Jail. Furthermore, since this could be considered an act of domestic violence a Defendant charged with this offense could and most likely would be required to be held in the Mercer County Jail for at least 48 hours while a pretrial detention hearing is contemplated. Pursuant to the Bail Reforms which came into effect in 2017, anyone charged with an act of domestic violence, whether it be for false imprisonment, assault, stalking, terroristic threats, sexual assault or kidnapping, shall be held for 48 hours pending a detention review hearing. At which point in time, the prosecution may seek to detain the Defendant in the Mercer County Jail without bail, pending trial. With that being said, an experienced Mercer County domestic violence defense attorney can contest the detention at the Detention Hearing. So, now more than ever, time is of the essence with these types of offenses. Being detained in the Mercer County Jail, without bail, pending trial, could make mounting a successful defense difficult.
If you have been accused of false imprisonment, aggravated assault, harassment, terroristic threats, endangering the welfare of a child or criminal restraint in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorneys have handled countless domestic violence charges, including false imprisonment. If you would like to come into our Mercer County office and speak to one of our attorneys about your options then please contact us at (609) 789-0779. Our office serves all of Mercer County, including Hamilton, Hightstown, Robbinsville, Trenton, West Windsor, East Windsor, Princeton and Hopewell. As always, our initial consultations are free of costs. So, if you have any questions please do not hesitate to contact us.
False Imprisonment: N.J.S.A. 2C:13-3 Charges in NJ
False imprisonment is basically a lesser included offense for more serious charge like criminal restraint and kidnapping. With that being said, this is not an offense to take lightly. In fact, most Defendants charged with false imprisonment do find themselves being served with a Temporary Restraining Order as well. This is one of main underlying offenses used in order to obtain a Temporary Restraining Order (TRO). A TRO is civil in nature and is in addition to the criminal charges of false imprisonment. It basically makes an already bad situation much worse. For more information on TRO’s and what is need to obtain a Final Restraining Order (FRO), please refer to our how to defend a Mercer County domestic violence charge practice series by clicking the link. Here is a breakdown of the false imprisonment statute, including what the State must prove beyond a reasonable doubt in order to obtain a conviction.
Pursuant to N.J.S.A. 2C:13-3, the governing statute in New Jersey for False Imprisonment, the State must prove the following elements:
- That the Defendant restrained the victim;
- That the restraint was unlawful (Force/Threat/Deception);
- That the restraint substantially interfered with the victim’s freedom; &
- That the Defendant did so knowingly.
How to Defend a False Imprisonment Charge in New Jersey
The term “restrained” has been defined as any means of confinement, abridgement or limitation. Also, the term “substantially interfered” gives an experienced Mercer County criminal defense attorney angle to attack the State’s case. It is an extremely vague term, which opens the door for the defense to call into question whether or not the victim’s freedom was truly interfered with. If you would like to discuss the facts of your case with one of Trenton criminal defense attorneys then please contact us at (609) 789-0779. We can discuss the underlying facts of your case and assess the strengths and weakness as we see them.
Will I go to Jail for False Imprisonment in NJ?
False imprisonment is a disorderly persons offense in New Jersey. A disorderly persons offense is New Jersey’s version of a misdemeanor. If convicted, a Defendant will be facing up to six months in the Mercer County Jail, a fine up to $1,000, probation, community service, a criminal record and a no contact order as well. As touched upon above, this offense is one of the main acts of domestic violence that triggers the issuance of a Temporary Restraining Order. For more information on that, please contact our office.
False Imprisonment Lawyers in Hamilton NJ
Being accused of a criminal offense can be overwhelming. However, hiring the right attorney can go a long way to decreasing the anxiety that most face when being summonsed into court. If you or a someone you know has been charged with aggravated assault, false imprisonment, criminal restraint, disorderly conduct, simple assault or issued a restraining order, we can help. Our criminal defense lawyers have been defending clients accused of false imprisonment, in courts throughout Mercer County, for years. We frequently appear in courts like the Hamilton Municipal Court, the Princeton Municipal Court, the Robbinsville Municipal Court, the Hightstown Municipal Court, the East Windsor Municipal Court and the Trenton Municipal Court. If you would like to speak to one of our attorneys today about your options then please contact us at (609) 789-0779.