Criminal Restraint Attorney Elizabeth, NJ

Criminal Restraint Attorney Elizabeth, NJ

Being accused of criminal restraint in Elizabeth, New Jersey, is a serious matter that can carry significant penalties, including imprisonment, fines, and a criminal record. A criminal restraint charge in Elizabeth, NJ can also be charged with kidnapping, false imprisonment, and assault. The complexities of this charge require a thorough understanding of the law and a skilled legal advocate by your side.

Don’t Let a Criminal Restraint Charge in New Jersey Ruin Your Life

At Brett M. Rosen, Esq., we are dedicated to providing you with aggressive and compassionate representation to combat these charges. Contact us today 908-312-0368 or by email brett@nynjcriminalcivilesq.com.

What is Criminal Restraint in New Jersey (N.J.S.A. 2C:13-2)?

In New Jersey, criminal restraint is defined as knowingly restraining another person unlawfully so as to expose the individual to serious bodily injury. It involves restricting someone’s freedom of movement without their consent or legal justification. This restraint can be physical, but it can also involve threats or intimidation that create a reasonable fear of harm if the person tries to leave. The other way criminal restraint can be charged is if someone holds another in a condition of involuntary servitude. 

Key Elements of Criminal Restraint:

• Knowing Restraint: You must have been aware that you were restricting another person’s liberty.
• Unlawful Restraint: The restraint must have been unlawful, meaning you didn’t have the legal authority or the person’s consent to restrict their movement.
• Serious Bodily Injury: The restraint must have exposed the person to serious bodily injury. 

According to the NJ Model Jury Charge, if the prosecutor fails to prove one element above beyond a reasonable doubt, then the defendant must be found not guilty of criminal restraint. 

Examples of Criminal Restraint:

• Physically holding someone against their will
• Locking someone in a room or vehicle
• Threatening someone with harm if they try to leave
• Using intimidation or coercion to prevent someone from moving freely

Penalties for Criminal Restraint in New Jersey

The penalties for criminal restraint can vary depending on the circumstances of the case and any aggravating factors.

• Third-degree crime: Criminal restraint is charged as a third-degree crime, carrying the following potential penalties:

  • Imprisonment: 3 to 5 years in state prison
  • Fines: Up to $15,000

Beyond Jail Time & Fines: Additional Consequences

Beyond the immediate penalties, a criminal restraint conviction can have long-lasting consequences that can impact your life in significant ways:

• Criminal record: This can affect your ability to obtain employment, housing, or professional licenses.
• Difficulty finding employment or housing: Many employers and landlords conduct background checks, and a criminal restraint conviction can be a red flag.
• Damage to your reputation: A conviction can tarnish your reputation and negatively affect your relationships with friends, family, and community members.
• Immigration consequences: For non-U.S. citizens, a criminal restraint conviction can lead to deportation or other adverse immigration consequences.

Potential Defenses Against Criminal Restraint Charges

Every criminal restraint case is different, and the defense strategies employed will depend on the specific circumstances and evidence involved. Some common defenses that we may utilize in your case include:

• Consent: If the alleged victim willingly and knowingly consented to the restraint, this can be a strong defense. However, consent must be freely given and not obtained through coercion, threats, or deception.
• Lack of Intent: The prosecution must prove that you knowingly restrained the other person. If we can demonstrate that you were unaware of the restraint or that your actions were unintentional, it may weaken the prosecution’s case.
• Lack of Unlawful Restraint: The prosecution must also prove that the restraint was unlawful. If you had legal authority or the person’s consent to restrict their movement, it may not be considered criminal restraint.
• Insufficient Evidence: If the prosecution’s evidence is weak, circumstantial, or lacks credibility, we can challenge its sufficiency and argue that it doesn’t prove your guilt beyond a reasonable doubt.
• False Accusations or Mistaken Identity: If you believe you’ve been falsely accused or misidentified, we will meticulously investigate the allegations and gather evidence to prove your innocence.

Frequently Asked Questions About Criminal Restraint Charges in Elizabeth, NJ

1. What is the difference between criminal restraint and kidnapping?

• While both involve restricting someone’s freedom of movement, kidnapping typically involves moving the victim to a different location or concealing them from others. Criminal restraint, on the other hand, focuses on unlawfully restricting someone’s liberty without necessarily moving or concealing them.

2. Can I be charged with criminal restraint even if I didn’t physically restrain the person?

• Yes, you can be charged with criminal restraint even if you didn’t physically restrain the person. If you used threats, intimidation, or coercion to prevent someone from leaving or moving freely, it can still be considered criminal restraint.

3. What if I was just trying to protect the person or prevent them from harming themselves or others?

• While your intentions may have been good, if your actions involved unlawfully restraining someone, you could still face charges. However, an attorney can explore potential defenses, such as necessity or the defense of others, to argue that your actions were justified under the circumstances.

4. What should I do if I’m accused of criminal restraint?

• Contact an experienced criminal defense attorney immediately. Do not speak to the police or anyone else about the incident without legal counsel present. An attorney can protect your rights, investigate the allegations, and build a strong defense strategy.

5. Can a criminal restraint conviction affect my employment opportunities?

• Yes, a criminal restraint conviction can negatively impact your ability to find or keep a job, especially in fields that require background checks or involve working with vulnerable populations.

Additional FAQs:

6. What if the alleged victim consented to the restraint, but later changed their mind?

• Consent can be withdrawn at any time. Even if someone initially agreed to be restrained, if they later express a desire to leave or end the restraint and you refuse, it can become unlawful restraint. The law focuses on the ongoing nature of consent. It’s crucial to respect someone’s wishes and stop any restrictive actions if they express a desire to be free.

7. Can a criminal restraint charge be expunged from my record in New Jersey?

• The possibility of expungement depends on the degree of the charge and other factors. Generally, a third-degree criminal restraint conviction may be eligible for expungement after a waiting period, provided you meet other criteria. However, a second-degree conviction, particularly if it involves aggravating factors like the risk of serious bodily injury, is less likely to be expunged. Consulting an attorney is crucial to assess your eligibility and navigate the expungement process.

8. What are the potential immigration consequences of a criminal restraint conviction?

• A criminal restraint conviction can have serious immigration consequences for non-U.S. citizens, potentially leading to deportation or denial of naturalization. The severity of the consequences will depend on the specific circumstances of your case, your immigration status, and other factors. It’s essential to consult with an attorney experienced in both criminal defense and immigration law to understand the potential impact on your immigration status.

9. What should I expect at my first court appearance for a criminal restraint charge in Elizabeth?

• Your first court appearance is typically CJP. During this the judge will read the charges against you, inform you of your rights, and ask you to enter a plea (guilty, not guilty, or no contest). The judge will also set conditions for your release, such as a no-contact order with the alleged victim.

10. How can an attorney help me if I’m facing a criminal restraint charge in Elizabeth, NJ?

• An experienced criminal defense attorney can provide invaluable assistance in several ways:
  
  • Thorough investigation: Your attorney will conduct a detailed investigation into the allegations, interview witnesses, gather evidence, and identify any weaknesses in the prosecution’s case.
  • Protecting your rights: Your attorney will ensure that your constitutional rights are protected throughout the legal process, from arrest to trial. This includes challenging any illegal searches or seizures, ensuring you are properly advised of your Miranda rights, and advocating for your right to a fair trial.
  • Negotiating with the prosecutor: Your attorney will engage in negotiations with the prosecutor on your behalf, seeking to reduce or dismiss the charges, or explore alternative resolutions such as pretrial intervention (PTI) or other diversionary programs.
  • Providing strong representation in court: If your case goes to trial, your attorney will zealously represent you, presenting evidence, cross-examining witnesses, and arguing for your acquittal or a lesser charge.
  • Minimizing the consequences: Your attorney will work to minimize the potential penalties and long-term consequences of a criminal restraint conviction, including jail time, fines, and the impact on your employment and housing prospects.

If you’re facing criminal restraint charges in Elizabeth, NJ, don’t face them alone. Contact Brett M. Rosen, Esq. today for a free and confidential consultation. We have the experience, knowledge, and dedication to fight for your rights and help you achieve the best possible outcome.

Why Choose Brett M. Rosen, Esq. as Your Elizabeth Criminal Restraint Attorney

When facing criminal restraint charges, it’s crucial to have a skilled and experienced attorney by your side to protect your rights and fight for the best possible outcome.

Here’s why you should choose Brett M. Rosen, Esq. to represent you:

• Extensive experience in criminal defense: We have a proven track record of successfully defending clients against a wide array of criminal charges, including criminal restraint.
• In-depth knowledge of New Jersey laws: We thoroughly understand the intricacies of New Jersey’s criminal restraint laws and the court procedures in Elizabeth and Union County.
• Personalized attention and aggressive advocacy: We recognize that every case is unique, and we provide personalized attention to each client. We’ll work tirelessly to investigate your case, gather evidence, and build a strong defense strategy.
• Commitment to protecting your rights and future: We are dedicated to fighting for your rights and minimizing the impact of criminal restraint charges on your life. We’ll explore all available legal options to achieve the best possible outcome for your case.

Don’t Face Criminal Restraint Charges Alone! Call Brett M. Rosen, Esq.

Facing criminal restraint charges in Elizabeth, NJ is a serious matter. The potential penalties and long-term consequences can significantly impact your life. Don’t face these charges alone. Contact Brett M. Rosen, Esq., today for a free and confidential consultation. We have the experience, knowledge, and dedication to protect your rights and fight for the best possible outcome.

Call us now at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free consultation. We are here to help you every step of the way.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. It is crucial to consult with an experienced attorney regarding your specific legal situation.

Remember, your future is worth fighting for. Take action today and let us help you navigate the complexities of the legal system and protect your rights.