- posted: Dec. 10, 2025
Two criminal offenses in New Jersey are associated with the unlawful restriction of someone else’s freedom of movement: criminal restraint and false imprisonment. Though the names of each offense might seem similar, there are some key legal distinctions between the two crimes, and one is punished more harshly than the other.
The more serious charge in New Jersey is criminal restraint. It is a third-degree indictable offense, which means that a conviction is punished by a prison sentence of three to five years and a possible $15,000 fine. One reason why this count might be charged is because the defendant is accused of putting the purported victim at risk of serious bodily injury. Alternatively, criminal restraint prosecutions can stem from circumstances involving allegations of involuntary servitude.
False imprisonment is a disorderly persons offense which is prosecuted when a defendant is alleged to have interfered substantially with someone else’s liberty. Given its classification as a less serious violation than criminal restraint, the maximum punishment for false imprisonment is a six-month jail term and a $1,000 fine. Frequently, false imprisonment cases arise from situations where the ostensible victim has been detained in connection with an accusation of misconduct, such as shoplifting or a violation of workplace rules. Domestic cases where one person confines another to a room against their will can also trigger this charge.
Generally, the distinction between the two charges is based on the use or threat of force. Criminal restraint could involve the use of rope, zip ties or other means to restrict someone else’s ability to move freely. Using a weapon to compel a person to go somewhere, or stay in a certain place, might also prompt a criminal restraint prosecution. Regardless of whether the defendant actually intends to carry out their threat, telling a person that they cannot leave or something bad will happen to them, constitutes involuntary servitude under this statute.
Both the criminal restraint and false imprisonment laws allow parents and legal guardians to assume control over their minor children by restricting their movement. If you are accused of criminal restraint or false imprisonment, there might be valid defenses available. You might have honestly believed that the alleged victim was staying in a certain place out of their own free will. Prosecutors sometimes bring criminal restraint cases when the requisite injury, or threat thereof, does not exist. A seasoned criminal defense lawyer can examine the facts and develop a sound strategy to counter the allegations against you.
The Law Offices of Eric B. Morrell in New Brunswick handles a full range of criminal defense matters for New Jersey clients. To discuss your particular situation in a free consultation, please call 908-768-3837 or contact me online.
- posted: Dec. 10, 2025
Two criminal offenses in New Jersey are associated with the unlawful restriction of someone else’s freedom of movement: criminal restraint and false imprisonment. Though the names of each offense might seem similar, there are some key legal distinctions between the two crimes, and one is punished more harshly than the other.
The more serious charge in New Jersey is criminal restraint. It is a third-degree indictable offense, which means that a conviction is punished by a prison sentence of three to five years and a possible $15,000 fine. One reason why this count might be charged is because the defendant is accused of putting the purported victim at risk of serious bodily injury. Alternatively, criminal restraint prosecutions can stem from circumstances involving allegations of involuntary servitude.
False imprisonment is a disorderly persons offense which is prosecuted when a defendant is alleged to have interfered substantially with someone else’s liberty. Given its classification as a less serious violation than criminal restraint, the maximum punishment for false imprisonment is a six-month jail term and a $1,000 fine. Frequently, false imprisonment cases arise from situations where the ostensible victim has been detained in connection with an accusation of misconduct, such as shoplifting or a violation of workplace rules. Domestic cases where one person confines another to a room against their will can also trigger this charge.
Generally, the distinction between the two charges is based on the use or threat of force. Criminal restraint could involve the use of rope, zip ties or other means to restrict someone else’s ability to move freely. Using a weapon to compel a person to go somewhere, or stay in a certain place, might also prompt a criminal restraint prosecution. Regardless of whether the defendant actually intends to carry out their threat, telling a person that they cannot leave or something bad will happen to them, constitutes involuntary servitude under this statute.
Both the criminal restraint and false imprisonment laws allow parents and legal guardians to assume control over their minor children by restricting their movement. If you are accused of criminal restraint or false imprisonment, there might be valid defenses available. You might have honestly believed that the alleged victim was staying in a certain place out of their own free will. Prosecutors sometimes bring criminal restraint cases when the requisite injury, or threat thereof, does not exist. A seasoned criminal defense lawyer can examine the facts and develop a sound strategy to counter the allegations against you.
The Law Offices of Eric B. Morrell in New Brunswick handles a full range of criminal defense matters for New Jersey clients. To discuss your particular situation in a free consultation, please call 908-768-3837 or contact me online.
