Criminal Restraint

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New Jersey Criminal Restraint

Defense Attorney

Tracy L. Denholtz regularly represents people accused of Criminal Restraint and related offenses. If you or a loved one are facing criminal charges, it is crucial to hire an experienced criminal defense attorney to protect your rights.

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Criminal Restraint (N.J.S.A. 2C:13-2)

Criminal Restraint: Under N.J.S.A. 2C:13-2, a person commits the crime of criminal restraint if he or she:

Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; OR
Holds another in a condition of involuntary servitude.

3rd Degree Offense: Criminal restraint is a crime in the 3rd degree that subjects a person to up to 5 years in prison.

Criminal Restraint Definitions:

“Restraint” Defined: “Restraint” means confinement, abridgement, or limitation that involves hinderance, confinement, or restriction on liberty. See New Jersey Model Jury Charge for Criminal Restraint.

“Unlawful” Defined: Under this statute, “unlawful” means to accomplish the restraint by forced, threat, or deception. See N.J.S.A. 2C:13-1(d); see also New Jersey Model Jury Charge for Criminal Restraint.

Risk of “Serious Bodily Injury” Defined: 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 body part or organ. See N.J.S.A. 2C:11-1(b); see also New Jersey Model Jury Charge for Criminal Restraint.
Involuntary Servitude: The creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall, for purposes of this statute, be deemed to be a “holding” in a condition of involuntary servitude. N.J.S.A. 2C:13-2(b). This crime requires compulsion of service, in addition to physical or legal coercion, or the fraudulent belief in the inability to leave a location. N.J.S.A. 2C:13-2, Comment 3.

Persons Under 18: In any prosecution under the theory of “involuntary servitude,” it is an affirmative defense that the person held was a child under 18 years-old, and the actor was a relative or legal guardian of the child and his sole purpose was to assume control of the child.

Contact a New Jersey Criminal Restraint Lawyer for a Free Consultation

The consequences of a criminal conviction can be devastating. It can impact employment, housing, finances, education, reputation, and relationships. Criminal cases are also very complex and highly specialized. If you or a loved one is facing criminal charges, it is crucial to hire an experienced criminal defense attorney.