Unlawful Imprisonment in the First Degree

What the prosecutor must prove

• The accused restrained another person.
• The circumstances exposed that person to a risk of serious physical injury.

Defenses that commonly apply

• No genuine risk of serious physical injury existed.
• The restraint was not intentional or unlawful.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class E Felony carries a maximum sentence of up to 4 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.