Criminal restraint is the act of unlawfully holding someone against their will in a manner that either exposes them to harm or makes them believe they must remain in a particular location. A criminal restraint conviction at the county courthouse in Trenton, the place where all third degree criminal cases are heard, can result in life changing consequences. If you were arrested in East Windsor, Ewing, Hamilton, Princeton, Trenton or another Mercer County municipality, an attorney at the Law Offices of Jonathan F. Marshall is fully equipped to defend you. We are former prosecutors and skilled lawyers with over 100 years of combined experience representing clients just like you. A lawyer on our defense staff is ready to conduct a comprehensive review of the circumstances surrounding your Trenton criminal restraint case by calling 609–683–8102. One of our attorneys is available 24/7 to assist you.Criminal Restraint Charge in Mercer County New Jersey
There are two ways a person can be charged with criminal restraint under N.J.S.A. 2C:13-2. A person commits this violation if they unlawfully restrain an individual under circumstances exposing the person to a risk of serious bodily injury or hold a person in a condition of involuntary servitude.
It is important to understand several key words contained in the statute. In order to be charged with the first type of criminal restraint the victim must be exposed to the risk of “serious bodily injury.” Serious bodily injury is defined as, “any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
To be found guilty of the second criminal restraint offense the defendant must have held a person in a condition of “involuntary servitude.” Involuntary servitude means that the defendant puts the victim in a situation where they believe that they must remain in a certain location. The state must prove the following three elements in order to convict someone of criminal restraint for imposing an involuntary servitude: (1) the victim was held in a state of involuntary servitude; (2) the person who held the victim in involuntary servitude was the defendant; and (3) the defendant knowingly held the victim in involuntary servitude.Penalties for Criminal Restraint
Criminal Restraint is a crime of the third degree that carries penalties of up to $15,000 in fines and 3-5 years in prison. An individual can avoid these penalties if they are admitted and successfully complete the Pretrial Intervention Program. This diversion program is reserved to individuals who are first time offenders who have not being granted relief through the Conditional Dismissal, Conditional Discharge or Pretrial Intervention Program previously.Lawrenceville NJ Criminal Restraint Lawyer
A criminal restraint charge in Lawrence, West Windsor, Robbinsville, Hopewell Township, Hightstown or another town is a felony that cannot be taken lightly. The lawyers at the Law Offices of Jonathan F. Marshall will fight to shield you from the record and penalties associated with this crime. To speak to an attorney about your charges, contact our Lawrenceville Office at (609) 683-8102 and receive a free consultation.