You are likely researching criminal restraint charges because you or someone you know have been charged with this crime. If these charges occur in Seaside Heights, Manchester, Point Pleasant, Lacey, Lakehurst, Toms River, Brick Township, Jackson, or Long Beach Island, then your case will be handled by the Ocean County Prosecutor’s Office. Criminal restraint is a third degree felony offense that carries potential imprisonment of up to five (5) years in a New Jersey State Prison. Furthermore, a criminal restraint charge is likely part of a larger set of charges such as kidnapping, false imprisonment or possession of a weapon for an unlawful purpose. This means that the five (5) years you could face for a conviction involving criminal restraint would be in addition to 10 or 20 years for the other offenses. Contact our law firm as 848-238-2100 to discuss the your matter and determine if your matter is could be remanded to municipal court, resolved through the Diversionary Program or if we should proceed to trial.
Proetta & Oliver is an Ocean County criminal defense law firm that has represented individuals throughout the area. We have handled hundreds, if not thousands, of DWIs, criminal charges and restraining orders in Ocean County throughout our careers. We understand that criminal charges are always a difficult process for defendants. Beyond the anxiety and nerves you are feeling because of the uncertainty of your case, you are also facing concern over how this one incident could alter your future. For this reason, we have made it our purpose to make ourselves available to our clients on a 24/7 basis. If you or a loved one are facing criminal charges for Criminal Restraint, Simple Assault, False Imprisonment, Aggravated Assault, Disorderly Conduct, Criminal Mischief, Possession of a Weapon for an Unlawful Purpose or Kidnapping, then contact our Point Pleasant office immediately. We will talk you through the criminal justice process and help give you an idea of what these types of cases will entail. Please do not hesitate to contact our office today as we can be reached day and night for your convince and the initial consultation is provided free of charge.
What is Criminal Restraint in NJ?
An indictment for criminal restraint requires the State must prove the following elements:
That the defendant knowingly restrained the victim;
That the defendant knew the restraint was unlawful; and
That the restraint was under circumstances in which the defendant knowingly exposed the victim to the risk of serious bodily injury.
The word “restraint” means confinement, abridgement or limitation. Restraint involves hindrance, confinement or restriction of liberty (according to Black Law’s Dictionary).
What is Unlawful Restraint for Criminal Restraint Charges?
The second element of this offense requires proof that the defendant knew that the restraint was unlawful. This falls into two categories separated by whether or not the victim was over 14 years old and competent. If the victim is competent and at least 14 years old, then the term “unlawful” means to accomplish the restraint by force, threat or deception, pursuant to N.J.S.A. 2C:13-1d. In the second category, when the victim is less than 14 years old or incompetent, then the term “unlawful” means to accomplish the restraint without the consent of the parent, guardian or other person responsible for the general supervision of the victim’s welfare.
What is Serious Bodily Injury in NJ?
Pursuant to N.J.S.A. 2C:11-1b, the term “serious bodily injury” 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. In some cases, Prosecutors will attempt to use a swollen eye to qualify as “protracted loss of the function of a bodily member.” It is important to fight back in these situations to prevent the State from overreaching and pursuing a case that may not be appropriate under law.
Is Criminal Restraint a Felony Crime?
Criminal restraint is a third degree indictable offense. In New Jersey, we use terms indictable and non-indictable for crimes instead of felony and misdemeanor, respectively. A conviction for this offense will carry a possible term of imprisonment up to five (5) years and a fine of up to $15,000. Depending on the facts of your case any the level of violence involved, we may be able to file a motion with the court to seek admission into a Diversionary Program such as Pretrial Intervention. If the judge grants our motion, you may be able to avoid a conviction altogether if you can successfully serve a period of probation.
Seaside Heights NJ Criminal Restraint Lawyers
Strong legal representation can mean the difference between walking out in handcuffs and walking out a free man (or woman). The trial attorneys at Proetta and Oliver specialize in criminal defense litigation. Allow us to put our resources to work for you and your family. Criminal charges are daunting for any lay person, don’t fight back alone. Call 848-238-2100 today to speak with an attorney about your criminal charges.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.