False Imprisonment Charges 2C:13-3
Freehold NJ False Imprisonment Lawyer
Arguments between spouses and family members are going to happen, that is just reality. However, when things escalate beyond just an argument, that’s when get complicated. If at any point during a verbal argument an individual restrains another, in any way shape or form, they can be charged with false imprisonment in New Jersey. Since false imprisonment is often considered an act of domestic violence, an individual charged with this offense in Monmouth County may find themselves being detained in the Monmouth County Jail pending a detention hearing. Pursuant to the new guidelines, an individual charged with an act of domestic violence shall be held in the Monmouth County Jail for at least forty-eight hours, pending a potential detention hearing. It is important to note here that the Monmouth County prosecutor’s office retains the right to seek to have an individual held in the Monmouth County Jail, without bail, pending trial. However, in order to do so a Detention Hearing must take place. During that hearing it would be the prosecution’s burden to show that the individual possess such a danger to society. So, now more than ever it is crucial that you speak to an experienced Monmouth County criminal defense attorney as soon as possible about your options. Trying to defend yourself from inside the Monmouth County jail can complicate things.
Need Local Attorney in Monmouth County for False Imprisonment Charge
False imprisonment is typically a lesser included offense for other more serious charges like criminal restraints and kidnapping. However, this offense should not be taken lightly, the consequences if convicted are harsh. In addition to the criminal complaints, an individual may also be served with a temporary restraining order as well. False imprisonment is one of the enumerated offenses required in order for an individual to obtain a temporary restraining. If you are a loved one has been charged with false imprisonment, stalking, harassment, simple assault, terroristic threats or any other criminal offense for that matter, in Monmouth County the Law Offices of Proetta & Oliver can help. Our team of Monmouth County criminal defense lawyers are ready and willing to help assist in anyway that we can. We fully understand what a criminal conviction, let alone a criminal conviction for false imprisonment can do to your future. If you would like to schedule a free consultation today with one of our Monmouth County criminal defense attorneys then please contact us at (732)858-6959. Our firm serves all of Monmouth County including towns like Tinton Falls, Middletown, Atlantic Highlands, Belmar, Howell, Marlboro, Freehold and Manalapan.
False Imprisonment Attorney in Middletown
What is False Imprisonment? Can I be Convicted?
The offense of false imprisonment is governed by NJSA 2C:13-3. In essence, this offense covers a situation in which an individual is alleged to have refrained another from doing something. It is important to note here that physical interference is not required. in order to be convicted of this crime, the prosecution must prove beyond a reasonable doubt four material elements. Those elements are as follows:
- That the Defendant refrained the victim;
- The restraint of the victim was unlawful;
- The restraint interfered substantially with the victim’s freedom; &
- The Defendant was aware of what he was doing.
The term restraint referenced above in essence means confinement or restriction of one’s liberty. In addition, in order to prove that the restraint was “unlawful”, the prosecution would need to show that the Defendant accomplished the “restraint” by force, threat or deception. These types of offenses, like most domestic violence offenses, usually boil down to a he-said-she-said situation. This is where an experienced Monmouth County criminal defense attorney can make a tremendous difference, they can seek to attack the credibility of the victim and in doing so poke holes the prosecution’s case. If you would like to speak with one of our criminal defense attorneys today about your options, then please contact us at (732)858-6959.
Will I go to Jail if I am Convicted of False Imprisonment in NJ?
False imprisonment is a disorderly persons offense in New Jersey. anyone convicted of a disorderly persons offense will be facing up to six months in the Monmouth County Jail, a fine up to $1,000, fees and assessments totaling approximately $250 and a criminal record. If this incident is deemed to be an act of domestic violence then the Defendant would not be eligible for the conditional dismissal program. The conditional dismissal program is a diversionary program in New Jersey whereby a Defendant would be placed on probation and if the probationary period is successfully completed, then the charges would be outright dismissed. To find out if you are eligible for the conditional dismissal program please checkout our practice area by clicking the link or feel free to contact our office at (732)858-6959.
Served with a Temporary Restraining Order too?
Lastly, it is important to note here that if a temporary restraining order is filed that is separate and apart from the underlying criminal charge of false imprisonment. Those charges are civil nature and will be heard in the Family Division of the Monmouth County Superior Courthouse. For more information on temporary and final restraining orders please check out our domestic violence practice area by clicking the link. A permanent restraining order can come with absolutely crippling consequences, please do not underestimate the severity of being served with a temporary restraining order.
False Imprisonment Lawyer in Holmdel NJ
Do you or a loved one has been charged with a criminal offense like false imprisonment, aggravated assault, resisting arrest, endangering the welfare of a child, criminal sexual contact or any other offense for that matter, we can help. The attorneys at the Law Offices of Proetta & Oliver has been representing clients accused of criminal offenses, in court throughout Monmouth County for almost a decade now. Those courts include Monmouth County Superior Court, the Middletown Municipal Court, the Holmdel Municipal Court, the Tinton Falls Municipal Court, the Howell Municipal Court, the Wall Municipal Court and the Red Bank Municipal Court. if you would like to come into our office and have a face-to-face discussion with one of our Monmouth County criminal defense attorneys then please contact us at (732)858-6959.