Domestic disputes are going to happen and when they do, tempers will flare. However, when things escalate and someone is kept against their will, things will quickly go from bad to worse in a split second. If you have been arrested and charged with criminal restraint in Somerset or Hunterdon County, it is crucial that you speak to an experienced criminal defense lawyer as soon as possible. As you will see below, criminal restraint is a third degree felony offense in New Jersey and if convicted, a Defendant would be facing five years in a State Prison. Furthermore, anyone charged with criminal restraints may be held in the Somerset County jail without bail, pending trial. Under the bail guidelines, the prosecution has the ability to detain a Defendant in jail, pending trial, if they are successful at a Detention Hearing. For more information on how to defend a Detention Hearing, please contact our office at 908-533-1064. Our attorneys are available immediately for a free initial consultation.
Keith Oliver Criminal Law defends clients charged with criminal restraint, false imprisonment, stalking, harassment, aggravate assault, kidnapping, simple assault or who were served with a temporary restraining order in courts throughout Somerset and Hunterdon County. This is a very serious charged that can carry with it life changing consequences. That is why we strongly recommend that if you have been charged with criminal restraints that you speak to an experienced criminal defense attorney about your options. If you would like to schedule an initial consultation with one of our Somerset County criminal defense attorneys then please contact us at 908-533-1064. We can discuss the specifics of your case and formulate a game plan on how to defend the charges. We frequently appear in courts like Flemington, Clinton, Raritan, Readington, Bridgewater, Bound Brook, Manville, Hillsborough, Franklin and Somerville.
Criminal Restraint Attorneys in Bound Brook NJ
Charged with NJSA 2C:13-2 in New Jersey?
The crime of criminal restraint basically covers a situation wherein which the Defendant is alleged to have held someone against their will and in doing so put that person in risk of serious bodily injury. This offense is considered a lesser included offense of the more serious charge of kidnapping. So, as you can see, a criminal restraint charge is not something to take lightly. All criminal restraint charges will be governed by NJSA 2C:13-2, which has been broken down into two different subsections.
The first subsection, NJSA 2C:13-2a, states states in pertinent part: A person is guilty of criminal restraint if he knowingly…
“Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury”
In order to be convicted of this offense, the prosecution must prove:
- That the Defendant knowingly restrained another;
- The Defendant knew the restraint was unlawful; &
- The restraint exposed another to the risk of serious bodily injury.
The term restraint means, to confine or limit someone’s movement.
The second subsection, NJSA 2C:13-2b, states in pertinent part:
“A person is guilty of the crime of criminal restraint if he knowingly holds another in a condition of involuntary servitude”
In order to be convicted of this offense, the prosecution must prove:
- That the Defendant held another against their will; &
- The holding of the person was in a condition of involuntary servitude.
The term involuntary servitude means a situation in which someone is compelled by force, coercion, or imprisonment, and against his/her will, to labor for another.
Can I Avoid Jail on a Criminal Restraint Charge in New Jersey?
Criminal restraint is a third degree felony offense in New Jersey. A Defendant convicted of a third degree felony offense will be subject to up to five years in prison, a fine up to $15,000 and felony criminal record. Since it is a third degree felony offense, provided the Defendant has no prior criminal history, they will be afford the presumption against incarceration. However, that presumption can be overcome and term “incarceration” refers to State Prison and not to County Jail Time. Furthermore, depending on a Defendant’s prior record, they may be eligible for a diversionary program known as Pretrial Intervention. This program can not only help keep a Defendant out of jail but may also help keep them without a criminal record as well. For more information on the pretrial intervention program, please contact our office at 908-533-1064.
Hunterdon County NJ Criminal Restraint Attorneys
Being charged with a felony offense like criminal restraints, burglary, robbery, theft by deception, shoplifting, criminal mischief or terroristic threats can be beyond stressful. Not knowing who to trust or where to turn can only add to that stress. However, at Keith Oliver Criminal Law, we feel that hiring the right attorney, one who not only knows criminal law but one who knows the specific courts can go a long way to alleviating a lot of the stress most feel. If you have been charged with a crime in Somerville, Flemington, North Plainfield, Watchung, Bernards, Bedminster, Clinton, Franklin or Manville, let Keith Oliver Criminal Law help. If you would like to speak to one of our Somerset County criminal defense lawyers today, then please contact us at 908-533-1064.