PL 135.05 · Article 135
Unlawful Imprisonment in the Second Degree
Unlawful imprisonment in the second degree alleges that a person restrained another — restricting their movement intentionally and unlawfully, without consent. It often arises from domestic arguments where someone was allegedly prevented from leaving.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused restrained another person.
- The restraint was intentional, unlawful and without consent.
Defenses that commonly apply
- The person was free to leave; any interference with movement was brief or incidental.
- Inconsistent accounts of what happened.
- 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 A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.
Every case turns on its own facts. The information on this page is general, not legal advice.
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