False Imprisonment in New Jersey

N.J.S.A. 2C:13-3 · Assault, Homicide & Violent Offenses

What the law says

A person commits false imprisonment by knowingly and unlawfully restraining another person in a way that substantially interferes with that person’s liberty.

This offense is heard in the municipal court where it allegedly happened. A conviction is still a record that shows up on background checks, so it's worth defending.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:13-3, that means:

• The person knowingly restrains another person.
• The restraint is unlawful.
• The restraint substantially interferes with the other person’s liberty.

How the charge is graded

• A disorderly persons offense.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• It is an affirmative defense that the person restrained was a child less than 18 years old, the actor was a relative or legal guardian of the child, and the actor’s sole purpose was to assume control of the child.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your False Imprisonment charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.