False Arrest vs. False Imprisonment: What’s the Difference in New York?

Being detained against your will is stressful. But as it turns out, New York’s laws treat this situation differently depending on who was involved. “False arrest” and “false imprisonment” have clear distinctions. If you’ve recently been unlawfully detained, learn more about how these terms differ and why they matter when you file a claim.

What Do These Situations Have in Common?

False arrest and false imprisonment both involve being confined against your will, without any legal authority to back it up. If someone stopped you from leaving and held you against your will, that’s the shared foundation of both claims. Depending on the situation’s details, you may have grounds to file a lawsuit either way.

How “False Arrest” and “False Imprisonment” Differ

The main difference comes down to who actually held you against your will. A false arrest happens when someone else (usually law enforcement) detains you without probable cause. It’s still considered false imprisonment, but the concept is a lot narrower. This term only applies when the person confining you was acting (or pretending to act) with legal authority.

False imprisonment is a much broader claim that can apply to anyone. For example, say a store accuses you of shoplifting and security detains you without any real evidence. In this case, you’d be filing a case for false imprisonment because store security doesn’t have the legal authority a law enforcement officer would.

Simply put, false arrest is a form of false imprisonment, but not every false imprisonment is a false arrest.

Knowing which type of detainment you experience changes who you can sue and what you need to prove in court.

A false arrest claim comes down to one question: Did police have probable cause? If not, the defendant is typically a municipality or law enforcement agency. False imprisonment claims can be against a business, an employer, or anyone who held you against your will. The court’s analysis shifts to whether the defendant had any legitimate reason to restrain you at all.

No matter which case you have on your hands, the best thing you can do is understand these details early on. Filing the wrong type of claim or suing the wrong party can cause delays. An experienced lawyer can take a look at your case’s details and determine which term fits your situation best.

Talk to a New York Attorney About Your Case

A false arrest or false imprisonment might sound like the same thing on the surface. But in reality, these terms have different meanings that could impact the way you build your case. Whether you were falsely arrested by a police officer or detained by someone else, you have the right to file a claim and get compensated for any damages. Our New York personal injury lawyers can review your case’s details and help you take the next steps. Contact us online or call (866) 574-0809 to schedule a free consultation with our team today.