Haddonfield NJ Criminal Restraint Lawyer
Criminal Defense Attorney in Camden County, New Jersey
Criminal restraint is not necessarily a crime that you hear about every day. Much of the time, you will hear about someone being charged with either kidnapping or false imprisonment, the greater and lesser versions of criminal restraint respectively. Being convicted of it, however, can lead to several harsh consequences including a long stay in New Jersey State Prison. A person generally commits this crime by restraining another person which in turn puts that person at risk of suffering a serious bodily injury. If you have been charged with criminal restraint, you will need a talented and experienced criminal defense attorney to help you get the most desirable outcome in your case.
The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling threat and assault related offenses for years in Camden County including Haddonfield, Pennsauken, Gloucester and Cherry Hill. In fact, one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to prosecute threat and assault related charges for the State. If you have been charged with criminal restraint, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Call the Law Offices of Leonard Biddison at 877-450-8301 anytime for a free initial consultation.
Criminal Restraint Lawyer in Cherry Hill NJ
The law for criminal restraint is covered by N.J.S.A. 2C:13-2. It states that a person commits this crime if he or she:
a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or
b. Holds another in a condition of involuntary servitude.
If the defendant created circumstances that made the person believe that he had to stay in a particular location, it is a violation of subsection b.
Note: There may be defenses available in your criminal restraint case. For example, it is a defense to subsection b if the person being restrained is under 18 years old and the defendant is the child’s relative or legal guardian who’s purpose was to assume control of the child.
Criminal Restraint Degrees and Penalties in New Jersey
Criminal restraint is a third degree crime in New Jersey that can result in 3 to 5 years in New Jersey State Prison. There is a presumption of non-incarceration however if you do not have a criminal record meaning you are more likely to receive a probationary sentence.
Note: An experienced attorney in some cases may be able to get a criminal restraint charge downgraded to false imprisonment depending on the circumstances. This offense carries a maximum prison sentence if 18 months. It occurs when a person knowingly restrains another unlawfully so as to interfere substantially with that person’s liberty.
Note: A criminal restraint charge can also be upgraded to a kidnapping charge, which is much more serious and carries an even greater prison sentence since it is a either a first or second degree crime.
Free Consultation with a Winslow Twp. NJ Criminal Restraint Lawyer
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a criminal restraint charge. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.