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Holding another person against their will is a crime in New Jersey. However, the state has three different categories for this offense, with one, criminal restraint, often misunderstood.
The New Jersey criminal restraint lawyers of Aiello, Harris, Abate Law Group PC understand the intricacies of these laws and how to build a defense. Criminal restraint falls between kidnapping and false imprisonment charges.
New Jersey defines criminal restraint as an act in which one person restrains another in a way that substantially interferes with their liberty.
To press charges, the act must meet three criteria:
There are conditions for a criminal restraint charge when someone believes they must remain in a particular location or face bodily harm, including home and work environments. For example, if a spouse or romantic partner threatens the other with violence if they leave, there are possible grounds for criminal restraint charges even if the violence never occurs.
In many cases, New Jersey criminal restraint lawyers defend clients facing a criminal restraint charge as one of several charges arising from a single incident. It’s a frequent component of domestic violence, kidnapping, false imprisonment and sexual assault cases because it can be a tool used by perpetrators to control, isolate, or harm victims.
Two New Jersey laws cover criminal restraint: N.J.S.A. 2C:13-2 and N.J.S.A. 2C:14-11.
N.J.S.A. 2C:13-2 defines criminal restraint and the factors that determine whether a defendant can be found guilty. In short, if the unlawful restraint attorney can create reasonable doubt that the defendant acted knowingly.
N.J.S.A. 2C:14-11 defines the terms related to sexual assault and victims, which factor into criminal restraint charges.
Case Study
The attorneys of the Aiello, Harris, Abate, Law Group PC were able to convince the Hunterdon County Prosecutor’s Office to dismiss the third-degree crime (felony) and remand the case to the Municipal Court with a lower charge as a disorderly person’s defense (misdemeanor).
Criminal restraint is a third-degree crime with penalties of three to five years in prison and fines of up to $15,000. A conviction creates a permanent felony record.
Certain factors exacerbate the charges. If the incident involves a family member or romantic partner, it’s a domestic violence crime that carries additional penalties. Victims can also apply for a protective or temporary restraining order, which you can contest with the help of a restraining order defense attorney.
Sometimes, your New Jersey legal counsel can help you avoid penalties. The state offers a Pretrial Intervention Program (PTI); if you qualify and complete the program, you may face fewer consequences.
Our New Jersey criminal defense lawyers can use several defense tactics to address their clients’ criminal charges. The most common of these include:
Affirmative defense. This is only applicable if the alleged victim is under 18 and you’re a relative or legal guardian with the sole intention of assuming control of the child. However, this defense doesn’t work if you hold the child to keep them from the other parent.
Constitutional violations. If the charges arose from an invalid search or seizure, or you were not allowed to hire a NJ criminal defense lawyer, you may be able to have the charges dismissed because they violated your Constitutional rights.
Lack of evidence. Evidence is essential to proving your guilt; if there isn’t sufficient proof, the court can dismiss the charges. New Jersey criminal restraint lawyers can also contradict the evidence.
The prosecution must prove, beyond a reasonable doubt, that you knowingly restrained the victim and met all legal criteria under N.J.S.A. 2C:13-2.
If your defense raises a reasonable doubt, the jury must find you not guilty.
If your criminal restraint defenses cause the jury to doubt the proof of your actions, they cannot find you guilty.
If you face criminal restraint charges in New Jersey, contact Aiello, Harris, Abate Law Group PC at (908) 561-5577 to request a phone consultation and case review.
Restraint prevents someone from acting freely. This could include locking someone in a room or building, physically holding them in place to commit assault or allow someone else to do so, or using threats or deception to keep them from leaving.
Criminal restraint means there’s the potential for serious bodily injury; false imprisonment is holding someone without the possibility of injury.
Yes. In New Jersey, criminal restraint is an indictable offense equivalent to a felony. You need New Jersey criminal restraint lawyers to mount a defense.
Restraining someone during a sexual assault or threatening a domestic partner with harm if they leave are types of criminal restraint.
Call us today at (908) 561-5577 or use our contact form. Your initial consultation will be conducted over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.
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