Criminal Restraint

Mercer County NJ Criminal Restraint Lawyer

Arguments between lovers and family members are going to occur. However, if that line is crossed and an individual is held against their will, a Defendant could find themselves facing criminal restraint charges. Criminal restraint is a third degree felony offense in New Jersey. If convicted, a Defendant could be facing up to five (5) years in a State Prison. In addition, if a Defendant is charged with criminal restraints as a result of an act of domestic violence, they could be held in the Mercer County Jail for at least 48 hours. Pursuant to the bail reform, which took effect in 2017, a Defendant charged with an act of domestic violence could be detained for at least 48 hours pending a detention hearing. During that detention hearing, the prosecution could seek to have the Defendant detained in the Mercer County Jail, without bail, pending trial. With that being said, a Mercer County defense attorney seek to have the Defendant released on bail pending trial. So, now more than ever, time is of the essence when it comes to defending a client accused of a criminal offense.

Criminal restraint is a serious criminal offense in New Jersey and it can also be the foundation of a Temporary Restraining Order (TRO) as well. Criminal restraint is one of the predicate acts of domestic violence which could not only initiate a TRO but could be the basis of granting a Final Restraining Order. If you have been charged with criminal restraint, kidnapping, stalking, terroristic threats, aggravated assault, false imprisonment or harassment in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorneys will aggressively attack the State’s proofs and seek to workout a favorable resolution. If you would like to speak to one of our attorneys today about your options then please contact us at (609) 789-0779. We are available around the clock to help assist in anyway that we can. Also, we serve all of Mercer County, including towns like Hamilton, Lawrence, East Windsor, West Windsor, Hopewell and Princeton.

Criminal Restraint Charges in Hamilton NJ

N.J.S.A. 2C:13-2 Lawyers in NJ

Criminal restraint is governed by N.J.S.A. 2C:13-2 in New Jersey. It is technically considered a lesser included offense of the more serious charge of kidnapping but false imprisonment is a lesser included offense of criminal restraint. So, criminal restraint basically falls in the middle of the most serious charge of kidnapping and the least serious charge of false imprisonment. In order to be convicted of this offense, the State would need to prove beyond a reasonable doubt that the Defendant, knowing it was unlawful, restrained another, and in doing so exposed the victim to the risk of serious bodily injury. The main difference between this offense and false imprisonment is the fact that this offense requires the exposing of the victim to a risk of serious bodily injury. Serious bodily injury has been defined as “means bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the functions of any bodily member or organ”. If you have been accused of criminal restraint in Mercer County, the Law Offices of Proetta & Oliver can help. Having to prove that the Defendant exposed the victim to a risk of serious bodily injury is no easy task. This is a very high burden the State needs to be able to prove and our criminal defense attorneys are ready to hold them to that burden. For a free consultation today, please contact us at (609) 789-0779.

What are the penalties for Criminal Restraint in NJ?

Criminal restraint is a third degree indictable offense in New Jersey. If convicted, a Defendant would be facing the following penalties:

  • Three to Five years in a State Prison;
  • Fine up to $15,000;
  • A Felony Criminal Record;
  • Community Service;
  • Probation;
  • No victim contact.

In addition, since this offense could be considered an act of domestic violence, a Defendant could also be facing a Final Restraining Order Hearing as well. For more information on domestic violence offenses please click the corresponding link.

Criminal Restraint Attorneys in Lawrenceville NJ

Being charged with a criminal offense can be terrifying but being convicted and facing the above mentioned penalties can be devastating. If you have been charged with criminal restraint, endangering the welfare of a child, sexual assault, criminal sexual contact or lewdness in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorneys are ready and willing to help assist in anyway that we can to help make sure that a simple mistake does not affect the rest of your life. Our attorneys appear in courts throughout Mercer County, including the Mercer County Superior Court, the Hamilton Municipal Court, the Lawrence Municipal Court, the Ewing Municipal Court, the Hightstown Municipal Court and the Robbinsville Municipal Court. For a free consultation today, please contact our office at (609) 789-0779.