False Imprisonment Lawyer in Jersey City & Hudson County
Reviewed by William A. Proetta, Esq. · Updated
False imprisonment under N.J.S.A. 2C:13-3 is a disorderly persons offense in New Jersey, punishable by up to six months in jail and a $1,000 fine. It is usually heard in the municipal court of the town where it happened, such as the Jersey City Municipal Court or Hoboken Municipal Court. But the same facts can be charged as criminal restraint, a third-degree crime, or kidnapping, a first-degree crime, which is why the exact charge matters so much. William Proetta Criminal Law defends false imprisonment and restraint charges throughout Hudson County from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.
What Is False Imprisonment?
False imprisonment means knowingly restraining another person unlawfully so as to interfere substantially with their liberty. Blocking a door during an argument, taking someone’s keys or phone to stop them from leaving, or refusing to let a partner out of a car can all be charged this way. There is an affirmative defense when the person restrained was under 18, the defendant was a relative or guardian, and the only purpose was to take control of the child.
False Imprisonment, Restraint and Kidnapping
| Charge | Statute | Usual grade | Where it is heard |
|---|---|---|---|
| False imprisonment | 2C:13-3 | Disorderly persons | Municipal Court |
| Criminal restraint (risk of serious bodily injury, or involuntary servitude) | 2C:13-2 | 3rd degree | Superior Court |
| Kidnapping | 2C:13-1 | 1st or 2nd degree | Superior Court |
When False Imprisonment Becomes a Felony
The difference between false imprisonment, criminal restraint and kidnapping can be small and is often contested. If the restraint exposed the person to a risk of serious bodily injury, the charge can be criminal restraint, a third-degree crime heard in the Hudson County Superior Court in Jersey City. If the person was moved a substantial distance or held for a substantial period to commit another crime or to terrorize them, the charge can be kidnapping. A frequent defense goal is to show that the facts only support false imprisonment and to get the case downgraded and sent back to municipal court.
False Imprisonment and Domestic Violence
Most false imprisonment charges in Hudson County arise between partners or family members, and false imprisonment and criminal restraint are both domestic violence predicate offenses. That means a temporary restraining order, a possible arrest and conditions of release such as no contact, all before the case is heard. See our Hudson County domestic violence page. When a minor is involved and the defendant is not a parent, registration issues can also arise, which makes the charge even more important to get right.
False Imprisonment Charges in Jersey City, Hoboken and Hudson County
A disorderly persons false imprisonment charge is heard in the municipal court of the town where it happened. Most cases arise from arguments in apartments and cars, and are filed by police after a domestic call in Jersey City, Hoboken, Kearny, Union City or Bayonne. If the charge is upgraded to criminal restraint or kidnapping, the case moves to the Superior Court in Jersey City. See our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.
Penalties
As a disorderly persons offense, false imprisonment carries up to six months in jail and a $1,000 fine. Criminal restraint carries three to five years in prison and up to $15,000. Disorderly persons domestic violence charges can be eligible for Pretrial Intervention in Superior Court, an exception to the usual rule.
Immigration Consequences
False imprisonment is generally not considered a crime involving moral turpitude, but criminal restraint involving a risk of serious bodily injury may be, and either can raise domestic violence deportation issues when the alleged victim is a family member or partner. Keeping the case at the false imprisonment level, or resolving it without a conviction, can protect a green card or visa. We review the immigration side before any plea; see our immigration consequences practice area, immigration-safe plea strategy and lawful permanent residents pages.
Defenses
- No substantial interference with liberty. Brief contact or standing in a doorway may not be enough.
- The person was free to leave. Phone records, video and witness accounts often show this.
- Lawful authority or the parent-and-child affirmative defense.
- Credibility, especially in breakups and custody disputes.
Hudson County False Imprisonment FAQs
Is false imprisonment a felony in New Jersey?
No. False imprisonment is a disorderly persons offense heard in municipal court. Criminal restraint, a related charge, is a third-degree crime.
What is the difference between false imprisonment and kidnapping?
Kidnapping requires removing someone a substantial distance or confining them for a substantial period for a specific purpose, such as committing another crime or terrorizing them. False imprisonment only requires an unlawful restraint that substantially interferes with liberty.
Can false imprisonment lead to a restraining order?
Yes. False imprisonment is a domestic violence predicate offense, so it can support a restraining order when the people involved have a domestic relationship.
Can a false imprisonment charge be dismissed?
Yes, when the restraint was brief or the person was free to leave. Cases can also be resolved through downgrades or diversion programs.
Can a false imprisonment conviction affect my immigration status?
False imprisonment usually is not a crime involving moral turpitude, but a domestic violence connection can still create deportation risk. Get advice before any plea.
Where is a Hoboken false imprisonment charge heard?
In Hoboken Municipal Court, because false imprisonment is a disorderly persons offense. If it is charged as criminal restraint or kidnapping instead, it goes to the Hudson County Superior Court in Jersey City.
Talk to a Hudson County False Imprisonment Lawyer
If you were charged with criminal restraint or kidnapping for what was really an argument, early intervention can make a major difference. Call our Jersey City office at (201) 793-8018 for a free, confidential case review. We answer 24/7, and se habla español. See our Hudson County assault and threat charges page for related charges.