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The Law Offices of Jonathan F. Marshall

Morris County

NJ Criminal Defense Lawyers

973-309-7050

Our team of skilled attorneys includes former County and Municipal Prosecutors with over 100 years combined experience and is available to assist you immediately.

Free Consultation

Mount Olive NJ Criminal Restraint Attorney

Pursuant to the New Jersey criminal code, the offense of criminal restraint is considered a third degree felony. Typically a criminal restraint charge occurs as a result of a domestic violence incident and is usually associated with other criminal charges like sexual assault, aggravated criminal sexual assault, terroristic threats, aggravated assault and criminal sexual contact. In addition, most clients charged with criminal restraints will also be forced to defend themselves in a Final Restraining Order Hearing as well. If your or a loved one has been charged with criminal restraints in Morris County, in towns like Parsippany, Denville, Dover, Butler, Kinnelon, Mount Olive, Morristown or Montville, it is imperative that you speak to an experienced criminal defense attorney immediately. Not only you facing a lengthy state prison sentence but also high fines and a criminal record as well.

Our office has eight criminal defense lawyers on staff, making our office one of the largest criminal defense firms in the State let alone Morris County. If you would like to sit down and discuss your options with any one of our attorneys then please contact our office directly at 973.309.7050. Our attorneys are available 24/7 to help assist you in any way possible. We fully understand the stressfully situation you and your love ones are enduring. Now here is some vital information on the offense of criminal restraints.

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

The governing statute in New Jersey for criminal restraints is N.J.S.A. 2C:13-2. In order for the prosecution to convict a Defendant of criminal restraints in New Jersey, they must prove beyond a reasonable doubt that:
  1. The Defendant knowingly restrained another &
  2. In doing so, the victim was exposed to a risk of serious bodily injury or
  3. The defendant holds another in a condition of involuntary servitude.

It is important to note here that the courts have acknowledged that it will be considered an  affirmative defense, if defense counsel can establish that the alleged victim was a child less than eighteen years old and the Defendant is a legal guardian/relative of the child.

In reality, criminal restraint should be considered a hybrid offense between the more serious charge of kidnapping and the less serious charge of false imprisonment. For more information on those offenses, including the applicable penalties if convicted, please click the links.

What are the Penalties for Criminal Restraint in New Jersey?

As touched upon above, the offense of criminal restraint is considered a third degree felony. A third degree felony is punishable by up to five (5) years in a New Jersey State Prison, a fine up to $15,000 and a criminal record.  Depending on the Defendant’s criminal record, they may be eligible for what is known as the Pretrial Intervention Program (PTI). PTI is a diversionary program in New Jersey where by if you complete the term without violating any of the special conditions imposed by the Judge, the felony criminal charges will be outright dismissed.

Mount Olive NJ Criminal Restraint Lawyer

Marshall, Bonus, Proetta & Oliver is an experienced Morris County criminal defense firm. Our team of eight criminal defense lawyers have the experience and skill set required to successfully defend your rights. With over 100 years of combined experience on staff you would be hard pressed to find a situation we haven’t come across. If you have been charged with criminal restraints, aggravated criminal sexual contact, endangering the welfare of a child, stalking, harassment or kidnapping we can help. Please contact our Morristown office at 973.309.7050 for a free consultation today.