Bergen County NJ Criminal Restraint Lawyers

Criminal Restraint is the hybrid offense between kidnapping (felony) and false imprisonment (misdemeanor). The governing statute in New Jersey for criminal restraint is N.J.S.A. 2C:13-2 and pursuant to the statute, it is graded as a third degree indictable (felony) offense. The offense of criminal restraint might also lead to the victim filing a restraining order, especially if some form of assault occurred, whether it be simple or aggravated assault. If that occurs, the defendant will also be forced to have a final restraining order hearing. The Law Offices of Jonathan F. Marshall has been representing individuals charged with criminal restraint, stalking, terroristic threats, burglary, carjacking and robbery throughout Bergen County in towns like Palisades Interstate Park, Englewood, Elmwood Park, Garfield, Saddle Brook and Fort Lee for over fifteen years. If you or someone you know has been charged with Criminal Restraint we can help. Here is some important information with regards to N.J.S.A. 2C:13-2, including the penalties if convicted.

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

Before an individual can be convicted of criminal restraint, the prosecution must prove that the defendant knowingly restrained another in a manner that exposed them to the risk of serious bodily injury or the defendant holds another in a condition of involuntary servitude.

If the defendant creates a circumstance which the victim feels that they must remain in a particular location it will satisfy the  condition of involuntary servitude. On the other hand, it will be considered an  affirmative defense, if it is determined that the alleged victim was a child less than 18 years old and the defendant was a relative or legal guardian of the child.

Applicable Penalties if Convicted of Criminal Restraint:

Criminal Restraint is third degree felony in New Jersey. If convicted the defendant will be facing up to five years in a State Prison and up to a fifteen thousand dollar fine. Based on the defendants prior record, the defendant who is charged with a third degree felony will be given the presumption against incarceration. However, that presumption can be overcome and if it is the defendant will almost certainly be serving a custodial sentence. In addition, since this is a third degree felony the defendant may also be eligible for a diversionary program known as Pre Trial Intervention (“PTI”). If the defendant successfully completes the PTI program the then pending felony charges will be outright dismissed. Please see our PTI page for determining your eligibility.

Bergenfield NJ Criminal Restraint Lawyers

As you can tell from above, the offense of criminal restraint is a very serious offense, one that if not handled properly may have lifelong consequences. If you or someone you know has been charged with this offense it is imperative that you seek an experienced criminal defense attorney immediately. If you have any further questions please feel free to contact any one of our Bergen County Offices for a consultation with one of the eight criminal defense attorneys on staff.