What Is False Imprisonment in New York?
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According to New York Penal Law §135, false imprisonment occurs when an individual unlawfully restrains a person's movement without their consent in a way that restricts their freedom or prevents them from leaving. If physical injury results to the victim, then this can be charged as false imprisonment in the second degree.
Do you have a loved one who is serving time in jail, and being unfairly denied credit for time served? Have you been detained by law enforcement officials without cause for an unreasonable amount of time? If so, you may have a case for unlawful imprisonment.
How Do You Prove False Imprisonment?
Unlawful imprisonment, also known as false imprisonment, is illegal in the State of New York, and can be charged as either a misdemeanor or felony, depending on the circumstances. We at The Russell Friedman Law Group, LLP can assist you if you have an unlawful imprisonment matter on your hands.
In order to have a case for unlawful imprisonment, it must be proved that:
- The accused individual was intending to confine the plaintiff
- The plaintiff was aware that he or she was being confined
- The plaintiff did not consent to the confinement
- The confinement was not otherwise privileged
Representing Violations Under State & Federal Law
There are numerous instances in which unlawful imprisonment occurs, and the crime can be perpetrated by all types of individuals.
Some examples of unlawful imprisonment include:
- Someone being jailed beyond their stated release date
- Someone being detained for an unreasonable amount of time by a store owner or security guard based on appearance
- Someone drugging another person in order to keep them from leaving
- Physically holding or grabbing someone to detain them against their will
A felony violation occurs when the culpable party attempts to restrain someone else in a manner that exposes the victim to serious personal injury. In addition to this, a civil rights violation claim can be made based on protection against deprivation of liberty without due process of law that is guaranteed by the Fourteenth Amendment.
Contact us to see if you have grounds to take legal action for unlawful imprisonment. Serving clients in New York and New Jersey.
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