Unlawful imprisonment applies not only to the general public, but these charges can also apply if a person has been wrongfully arrested and detained by the police. Therefore, it is important to know the elements of unlawful imprisonment charges to be able to know if you will be charged with the offense or if you have the ability to bring a claim against another person or entity for the actions. If you are unsure if these charges apply but believe that there is a possibility these charges might apply, call our experienced team of New York criminal attorneys now to discuss your case.
The lower charge of unlawful imprisonment does not include much for way of explaining the statute, which is why it important that you have an attorney on your side who not only understands how the statute applies but is ready to work for you. Unlawful imprisonment in the second degree is a class A misdemeanor and applies when a person has restrained another person. “Restrain” in relation to unlawful imprisonment means to intentionally and unlawfully restrict another person’s movement to substantially interfere with that person’s liberty by confining them either in the place where the restriction begins or in a place them have been moved without consent and with the knowledge that the restriction is unlawful. If this confinement or move is accomplished by intimidation, physical force or deception, or by any means including acquiescence (reluctant acceptance) if the victim is less than 16 years old or considered an incompetent person.
Unlawful imprisonment in the first degree is a class E felony and applies when the person who has been restrained in the ways described above have been exposed to risk of serious physical injury. Convictions for these offenses do not necessarily mean a length of imprisonment for the accused, but instead can lead to the court ordering restitution for the victim. It is in this way that the charges can apply to those who believe that they have been wrongfully arrested. If there was no legal justification for the arrest and the person was then detained improperly, they may be able to bring charges against the arresting office for wrongful imprisonment.
One such way that these charges do not apply is if the person imprisoned is a child less than 16 years old and the accused is a relative (parent, brother, sister, ancestor, aunt or uncle) and their purpose was to assume control of their child. This is rarely the case when someone brings charges for wrongful imprisonment and it is important to have an attorney who understands not only the law but works with you to understand the details of the specific situation. Call our experienced team of New York criminal attorneys now to begin working with our office now to understand how these charges apply to your situation and what the outcome might be. Whether you have been charged or if you wish to bring charges, our office is ready to work for you to achieve the best possible outcome in your case.