Hudson County NJ False Imprisonment Attorneys
False imprisonment charges under N.J.S.A. 2C:13-3 in Hudson County, New Jersey can cause a great deal of trouble for the accused. A charge for false imprisonment is a disorderly persons offense, also known as a misdemeanor, that can result in both imprisonment and significant financial penalties. False imprisonment is something that can arise out of a domestic violence incident and may result in a restraining order against the defendant. It is important to seek out legal aid and learn all available remedies at the outset of any defense to charges for false imprisonment. A defendant who has been charged with false imprisonment in towns like Harrison, Hoboken, Secaucus, Kearny, Jersey City or Union City might find themselves being charged with harassment, stalking, terroristic threats or aggravated assault as well. Our team of Jersey City, NJ false imprisonment defense lawyers are prepared to aggressively fight to protect your freedom. We have over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If you would like a free initial consultation with any one of our eight Hudson County New Jersey criminal defense attorneys, please contact our Jersey City office at (201) 309-1800.
Jersey City NJ False Imprisonment Defense Lawyers
False Imprisonment is the lesser offense under kidnapping and criminal restraint in Hudson County, New Jersey. False imprisonment, a disorderly persons offense, differs from criminal restraint in that the State is not required to prove that the victim was exposed to risk of serious bodily injury. The statutory requirements of this offense are rather straightforward. To convict someone of false imprisonment, the State must prove that the defendant knowingly restrained another. However, it is not sufficient proof of false imprisonment if the defendant negligently restrained another. Similar to criminal restraint above, there is a mental state requirement that the defendant acted knowingly. However, the court is permitted to make certain inferences to these elements in specific situations.
What is False Imprisonment in Hoboken, NJ?
A person is guilty of committing false imprisonment if they:
- Restrain another,
- Unlawfully, so as to,
- Interfere substantially with his liberty.
The State must prove each of these elements beyond a reasonable doubt before they can convict a defendant of false imprisonment. Pursuant to N.J.S.A. 2C:2-2, to prove that the defendant acted knowingly, which is the first element of the offense, the State must show that the defendant was aware that he or she was practically certain that his or her conduct would cause a certain result. A strong legal defense can help to show that the State lacks the necessary evidence to prove the defendant acted knowingly.
What are the Penalties for False Imprisonment Charges in New Jersey?
If convicted of false imprisonment, the defendant is subject to the penalties set forth for disorderly persons offenses. These penalties would include up to six (6) months in the Hudson County Jail and up to a $1,000.00 fine and a criminal conviction that will follow you for at least five (5) years. Recently, the New Jersey legislature has created a diversionary program known as the Conditional Dismissal Program, that may be available for any one charged with false imprisonment in towns like Weehawken, North Bergen, Bayonne, West New York or Jersey City. If eligible and if defense counsel can convince the Judge and prosecution that you deserve the opportunity to participate in the program, then you be afford the opportunity to walk away from these serious charges without a criminal record and without serving a day in the Hudson County Jail.
Hudson County Criminal Defense Firm
With eight criminal defense lawyers on staff, our office is one of the largest criminal defense firms in the entire State, let alone Hudson County. Our office has the manpower and experience to make sure that every possible angle of defense is attacked. If you would like to discuss your matter in greater detail, please contact our Jersey City office directly at (201) 309-1800. Our attorneys are available 24/7 to answer any questions you might have.