1. Unlawful confinement New York – Background and Client’s Initial Concerns
The client sought help after being reported to law enforcement by his former partner following a sudden breakup.
She alleged that he confronted her at her workplace and blocked her from leaving the building, leading to charges involving stalking and unlawful confinement.
During the initial consultation, our attorneys assessed whether the facts could satisfy the statutory requirements for unlawful confinement under New York law.
Understanding the Events Leading to the Complaint
During consultation, the defense team confirmed that the client and the complainant had been in a long-term relationship with discussions of marriage.
The complainant abruptly ended the relationship, causing emotional distress for both parties.
The client visited her workplace to speak with her and understand the reason for the breakup.
While attempting to continue the conversation, the complainant moved toward the exit, and the client momentarily tried to speak with her before she left.
Feeling upset, the complainant immediately filed a police report.
These facts formed the basis for the accusations of stalking and unlawful confinement.
Distinguishing Emotional Dispute from Criminal Conduct
Unlawful confinement(unlawful imprisonment) requires intentionally restricting a person’s movement so that they cannot leave.
Momentary emotional interactions without physical restraint do not meet the legal threshold.
Stalking requires repeated or ongoing conduct not a single incident.
This analysis guided the defense strategy.
2. Unlawful confinement New York – Legal Elements and Statutory Requirements
In New York, unlawful confinement is addressed in NY Penal Law §135.05 and §135.10, which define unlawful imprisonment in the first and second degrees.
To prove guilt, prosecutors must establish that the accused restricted another’s movements intentionally and without consent.
Legal Elements of Unlawful Confinement (Unlawful Imprisonment)
To constitute unlawful confinement, the prosecution must show:
- Intentional restriction of the victim’s freedom of movement.
- Lack of consent, either physically or through intimidation.
- Inability to leave, such as physical obstruction or implied threats.
The defense focused on demonstrating that these elements were absent in the client’s case.
Legal Elements of Stalking Under New York Law
Stalking requires
1) A course of conduct, meaning repeated or persistent behavior.
2) Acts that intentionally cause fear, emotional distress, or intimidation.
3) Continued contact against the victim’s expressed wishes.
The single instance involving the workplace interaction was insufficient to constitute stalking.
3. Unlawful confinement New York – Defense Strategy and Advocacy
After reviewing all available evidence, our attorneys developed a targeted defense emphasizing the absence of repeated behavior and the lack of intention required for unlawful confinement.
Argument 1: No Repeated Conduct to Support Stalking Allegations
The attorney argued:
The client had not repeatedly contacted or followed the complainant.
The incident was an isolated attempt to seek closure.
No pattern of unwanted behavior existed prior to the complaint.
Because stalking requires repeated conduct, the claim lacked legal basis.
Argument 2: No Intent to Restrict Movement or Harm
Regarding the unlawful confinement allegation, the attorney showed:
The client did not physically restrain the complainant.
The client did not intend to block her exit; he merely attempted to continue a conversation.
The complainant was able to walk away freely and did so immediately afterward.
This eliminated the essential element of intentional confinement.
4. Unlawful confinement New York – Case Resolution and Prosecutorial Decision
Following submission of these arguments, the prosecution reviewed the evidence and agreed that neither charge could be sustained under New York law.
The case was closed with no criminal penalties.
Final Outcome: No Charges for Stalking; Conditional Dismissal for Unlawful Confinement
The results were:
Stalking: No evidence of repeated conduct → “No Charges” disposition
Unlawful confinement: Lack of intent → “Adjournment in Contemplation of Dismissal (ACD)” / non-prosecution
The client avoided criminal conviction and was able to resolve the matter without further proceedings.
24 Nov, 2025
