Criminal Restraint Charges 2C:13-2
Criminal Restraint Lawyer in Monmouth County NJ
Criminal restraints is a serious felony criminal offense in New Jersey. The penalties that can arise after a conviction can be devastating. Typically an individual will be charged with criminal restraints in Monmouth County after some form of a domestic dispute. If that is the case, the individual will be charged with an “act of domestic violence”. If that is the case, the new bail reforms in New Jersey can play a major role on whether or not the individual is released pretrial on bail. Pursuant to the new bail guidelines, anyone charged with an act of domestic violence will need to serve at least forty-eight hours in the Monmouth County Jail pending a pretrial services review. If after the forty-eight hours the Monmouth County Prosecutor’s Office decides that they wish to keep the individual detained in the Monmouth County Jail, without bail, pending trial, they must file for a Detention Hearing. During that hearing, the state will be seeking to convince the Judge that the Defendant must be detained without bail. Obviously, that can and should be contested. This is why now more than ever it is crucial that you get an experienced Monmouth County criminal defense attorney involved as soon as possible. They can contest the hearing and seek to have the individual released pending trial.
Do I Need a Lawyer for Criminal Restraint Charge?
If you or a loved one has been charged with criminal restraint, false imprisonment, stalking, harassment, criminal mischief, aggravated assault or kidnapping, the Law Offices of Proetta & Oliver can help. Our criminal defense attorneys have been representing clients accused of various crimes in courts throughout Monmouth County, including the Tinton Falls Municipal Court, the Wall Municipal Court, the Freehold Municipal Court, the Middletown Municipal Court, the Long Branch Municipal Court and the Asbury Municipal Court. If you would like to come into our Middletown office and speak with one of our criminal defense attorneys about your options then please contact us directly at (732)858-6959. Our office is located at 18 Kings Highway, Suite 109 in Middletown. It is directly across the street from the Middletown Municipal Court. As always, our initial consultations are free of costs, so if you have any questions please do not hesitate to contact us.
What to Know about Criminal Restraint Charges in New Jersey
Criminal restraints is governed by NJSA 2C:13-2 under the New Jersey Criminal Code. In essence, this offense covers a situation in which an individual restrains another and in doing so puts them in risk of serious bodily injury. This offense is a lesser included of the criminal charge of kidnapping. With that being said, false imprisonment is a lesser included charge of criminal restraints in New Jersey. For more information on those two criminal charges please click the link
What are the Elements for Criminal Restraint Case in NJ?
In order to be convicted of criminal restraints in Monmouth County, the prosecution is going to need to establish three material elements beyond a reasonable doubt and they are as follows:
- That the Defendant knowingly restrained the victim;
- The restraint of the victim was unlawful; &
- The restraint of the victim exposed them to the risk of serious bodily injury.
Possible Defenses to Criminal Restraint Charges
The two key aspects of this statute is determining what qualifies as “unlawful” and “serious bodily injury”. The term “unlawful” in this statute been deemed to mean that in order to refrain somebody, the Defendant needed to use force, threat or deception. In essence, it was not the victim’s conscious desire to be restrained. In addition, the term serious bodily injury has been defined as the type of 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 members or organ. So as you can see, the type of injury required is significant. In fact, it is the highest defined type of injury under the New Jersey criminal code. Just to put that into perspective, in order to be convicted of the highest degree of aggravated assault in New Jersey, the state would need to establish serious bodily injury. If you would like to discuss this criminal offense and your options please contact us directly at (732)858-6959.
Will I go to Jail for Criminal Restraints in NJ?
The offense of criminal restraint is a third degree felony in New Jersey. Anyone convicted of this offense will be facing anywhere from three to five years in a state prison, a fine up to $15,000, a felony criminal record, probation and possibly a no contact order. With that being said, since this is a third degree felony offense, anyone convicted under the statute who has no prior criminal record, will obtain the presumption of non imprisonment. However the term imprisonment refers to State Prison and not the Monmouth County Jail. Also, that presumption can be overcome if the facts are egregious enough.
Can I get Pretrial Intervention?
Pretrial intervention is a diversionary program in New Jersey. If a Defendant is accepted into and they successfully complete the probationary period without violating any of the terms, then the charges will ultimately be dismissed. A Defendant charged with this type of offense may be eligible for the program, however one of the main factors in determining one’s eligibility is the victim’s position. For more information on the Pretrial Intervention Program please contact our office at (732)858-6959 or check out our practice area by clicking the link.
What if I am Served with a Temporary Restraining Order?
Since the offense of criminal restraint can be considered an act of domestic violence, an individual may also be served with a restraining order as well. If that is the case, the restraining order is separate and apart from the criminal charges and will need to be litigated in the Family Division of the Monmouth County Superior Courthouse. For more information on temporary and final restraining orders please checkout our domestic violence practice area by clicking the link.
Need to Consult with Local Criminal Restraint Attorney in Middletown
If you have been charged with a criminal offense like criminal restraints, aggravated assault, possession of marijuana, eluding, resisting arrest, disorderly conduct or been served with a temporary restraining order in Monmouth County, we can help. Mr. Oliver has dedicated his entire career to defending those accused of crimes in courts throughout New Jersey. Over the years he would routinely represent clients accused of crimes in towns like Marlboro, Manalapan, Asbury Park, Atlantic Highlands, Keyport, Long Branch, West Long Branch and Middletown. If you would like to speak with one of our attorneys about your options then please contact us directly at (732)858-6959.