2C:13-2 New Jersey Criminal Restraint Charge
Elizabeth, NJ Criminal Restraint Lawyer
Criminal restraint is a serious crime in New Jersey that involves unlawfully restraining another person in a way that exposes them to the risk of serious bodily injury or holds them in a condition of involuntary servitude. Criminal restraint is a third-degree crime that carries a potential sentence of three to five years in prison and a fine of up to $15,000. Therefore, it is important to contact an experienced criminal defense attorney to discuss your criminal restraint charge. If you’re seeking legal representation for a criminal restraint, false imprisonment, kidnapping, or an unlawful possession of a handgun charge in New Jersey, then Attorney Brett M. Rosen is an excellent choice. Here’s why:
- Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
- Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
- Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
- High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
- Recognition: He has been recognized as a Rising Star by Super Lawyers.
Contact us today for a consultation, or continue reading this page that will provide you with a general overview of the law regarding criminal restraint charge in New Jersey, as well as some common defenses that may be available to you.
Definition of NJ Criminal Restraint Charge
New Jersey criminal restraint charge is codified under NJSA 2C:13-2. According to New Jersey law, a person commits criminal restraint if he or she knowingly:
– Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or
– Holds another in a condition of involuntary servitude.
- The term “restraint” means hindering, confining, or restricting someone’s liberty, such as by locking them in a room, tying them up, or preventing them from leaving.
- The term “unlawful” means that the restraint is done without the consent of the person or their legal guardian, or by using force, threat, or deception.
- The term “serious bodily injury” means an injury that creates a substantial risk of death or causes serious permanent disfigurement or impairment of any bodily function.
- The term “involuntary servitude” means forcing someone to work or perform services against their will, such as by using physical or psychological coercion, fraud, or abuse.
Elements of Criminal Restraint Charge in New Jersey
Criminal restraint can be charged in two ways, the first one is known as NJSA 2C:13-2a, and the other charge is NJSA:13-2b. NJSA 2C:13-2a, mentioned above, is when a defendant restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury. The elements the prosecution must prove beyond a reasonable doubt for NJSA 2C:13-2a are the following:
- That the defendant knowingly restrained [name of victim] ;
- That the defendant knew the restraint was unlawful; and
- That the restraint was under circumstances in which the defendant knowingly exposed [name of victim] to the risk of serious bodily injury.
The other way a criminal restraint charge can be issued, also mentioned above, is NJSA 2C:13-2b, which is holding another in a condition of involuntary servitude. The elements the prosecution must prove beyond a reasonable doubt for NJSA 2C:13-2b are the following:
- That the defendant, (John/Jane Doe) knowingly held (the victim).
- That the holding of (the victim), was in a condition of involuntary servitude.
Penalties for Criminal Restraint Charge
As I mentioned before, criminal restraint is a third-degree crime that carries a maximum fine of $15,000 and a maximum prison term of five years. However, these are the maximum penalties, and the actual sentence may vary depending on the circumstances of the case and the defendant’s criminal history.
The court may also impose other penalties or conditions, such as:
- Probation or parole
- Restitution or compensation to the victim
- Community service or counseling
- Restraining order or no-contact order
- Loss or suspension of certain rights or privileges
Defenses to Criminal Restraint Charge in New Jersey
There are some possible defenses to a criminal restraint charge, such as:
– Consent of the victim: If the person who was allegedly restrained agreed to go with the accused willingly and voluntarily, then there is no criminal restraint.
– Reasonable belief of parental consent: If the accused is a parent or guardian of a minor child who was allegedly restrained, and he or she reasonably believed that the other parent or custodian consented to the taking, then there is no criminal restraint. This defense may apply in some custody disputes or family emergencies.
– Imminent threat of harm: If the accused restrained the person who was allegedly restrained to protect them from a dangerous situation, such as domestic violence or child abuse, then there is no criminal restraint. The accused must contact the authorities within 24 hours to disclose the location of the person and the reason for the restraint.
– Lack of criminal intent: If the accused did not have the specific purpose of holding the person for ransom, reward, hostage, shield, or to facilitate a crime, inflict harm, terrorize, interfere with a government function, or deprive custody, then there is no criminal restraint. The accused must show that the restraint was accidental, mistaken, or unintentional.
Affirmative Defense
According to NJSA 2C:13-2, there is an affirmative defense to 2C:13-2b, holding another in a condition of involuntary servitude. The affirmative defense according to the law states that “the person held was a child less than 18 years old and the actor was a relative or legal guardian of such child and his sole purpose was to assume control of such child.”
Pretrial Intervention (PTI)
Pretrial intervention (PTI) is a program that provides an alternative to traditional prosecution for first-time offenders who can benefit from early rehabilitative services. If you complete the PTI program, the charges against you will be dismissed.
However, not everyone is eligible for PTI. There are certain criteria and guidelines that the court and the prosecutor will consider when deciding whether to admit you into PTI or not. Some of these factors are:
- The nature and seriousness of the offense
- The impact of the offense on the victim and the community
- The motivation and character of the defendant
- The likelihood of future criminal behavior
- The availability of other sanctions or programs
In general, there is a presumption against admission into PTI for defendants who are charged with a third-degree crime involving domestic violence. Criminal restraint is a third-degree crime that involves restraining someone in circumstances exposing them to risk of serious bodily injury or holding someone in involuntary servitude. Therefore, if you are charged with criminal restraint, you may face a higher hurdle to get into PTI.
Additionally, the new law requires that certain defendants enter a guilty plea before admission into PTI. This includes defendants who are charged with a third or fourth degree crime involving domestic violence. If you enter a guilty plea, it will be held in inactive status pending your completion of PTI. If you fail to complete PTI, the guilty plea will be activated and you will be sentenced accordingly.
Furthermore, the new law requires the court and the prosecutor to consider the victim’s input on your PTI application. The victim has the right to express their views and concerns about your participation in PTI, and the court and the prosecutor must take them into account.
Therefore, it depends on the specific facts and circumstances of your case, your criminal history, the victim’s opinion, and the prosecutor’s discretion. You may have a chance to get into PTI, but it is not guaranteed. You may also have to plead guilty and face other conditions and penalties.
Differences between Criminal Restraint & False Imprisonment
According to the New Jersey Revised Statutes, false imprisonment is the knowingly unlawful restraint of another person so as to interfere substantially with his or her liberty. It is a disorderly persons offense that carries a maximum fine of $1000 and a maximum jail time of six months.
Criminal restraint is a more serious offense that involves restraining someone in circumstances exposing them to risk of serious bodily injury or holding someone in involuntary servitude. It is a third-degree crime that carries a maximum fine of $15,000 and a maximum prison term of five years.
The main difference between the two charges is the degree of harm or intent involved in the restraint. False imprisonment does not require the risk of serious bodily injury or the purpose of involuntary servitude, while criminal restraint does.
Frequently Asked Questions (FAQs)
What constitutes criminal restraint in New Jersey? People frequently inquire about the actions that are classified as criminal restraint under New Jersey law. According to NJ Rev Stat § 2C:13-2, a person commits a crime of the third degree if they knowingly restrain another unlawfully in circumstances exposing them to risk of serious bodily injury or hold another in a condition of involuntary servitude.
What are the penalties for criminal restraint? Questions often arise regarding the potential consequences of a criminal restraint conviction. In New Jersey, criminal restraint is an indictable crime, considered a third-degree offense, which can result in up to five years in jail and fines up to $15,000.
How does criminal restraint differ from kidnapping or false imprisonment? Individuals may seek clarification on how criminal restraint is distinguished from related offenses like kidnapping or false imprisonment. Criminal restraint lies between these two, where it involves unlawful restraint but without the elements that elevate the crime to kidnapping.
What defenses are available for someone charged with criminal restraint? Another common question is about the defenses that can be used in court when charged with criminal restraint. For example, it’s an affirmative defense if the restrained person was a child under 18 years old, the actor was a relative or legal guardian, and the sole purpose was to assume control of the child.
How does criminal restraint relate to restraining orders? People also ask about the relationship between criminal restraint charges and restraining orders. Violating a restraining order can lead to criminal contempt charges, which are separate from criminal restraint but may be related depending on the case’s circumstances.
Exceptional New Jersey Criminal Restraint Charge Attorney
Criminal restraint is a serious charge that requires a strong and effective defense. If you or someone you know is facing a criminal restraint charge in New Jersey, you should contact a qualified and experienced criminal defense attorney as soon as possible. Brett M Rosen is a criminal defense and personal injury lawyer based in New Jersey. He has been recognized as one of the top criminal defense attorneys of 2023. He has also been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
Rosen has tried numerous cases and has stood ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys, as well as a certified matrimonial attorney. He has also handled some high-profile cases involving celebrities and reality stars. He is known for his passion, dedication, and assertiveness in representing his clients.
Call us today to discuss your criminal restraint charge.