Arrested For Criminal Restraint in Monmouth County
Charged with criminal restraint in Eatontown, Holmdel, or elsewhere in Monmouth County? If you find yourself facing an offense under N.J.S.A. 2C:13-2, the lawyers at our firm, the Law Offices of Jonathan F. Marshall can help you. We are the largest criminal firm in the county and also possess a defense team with decades of experience defending cases throughout the county. If you are facing a criminal restraint offense in West Long Branch, Asbury Park, Bradley Beach, Aberdeen, Middletown or another place within our county, we can provide the skillful counsel you need. The following is a review of the criminal restraint law in NJ. Please do not hesitate to give us a call for a free initial consultation with one of our former prosecutors if you have any questions or would like to discuss representation. We have two conveniently located offices to serve you — one in Freehold and one in Red Bank Office.
N.J.S.A. 2C:13-2 – The New Jersey Criminal Restraint Law
The offense known as Criminal Restraint is an intermediary charge between the more serious offense of Kidnapping and the less serious offense of False Imprisonment. There are two types of Criminal Restraint in New Jersey. The first variety involves exposing an individual to a risk of serious bodily injury if they defy the restraint. To prove this variety of 2C:13-2 violation, the prosecutor must establish a restraint that is unlawful, meaning that it was accomplished by force, threat or deception. For a person under the age of 14, any restraint is unlawful unless it is accomplished with consent of a parent or legal guardian. For the second type of Criminal Restraint, the state must prove that the offender held the victim in a state of involuntary servitude. “Involuntary servitude” for the purpose of this statute exists when the offender creates circumstances that cause the victim to believe that he must stay in a particular location.
Grading & Penalties. Criminal restraint is an indictable crime in NJ. What this means is that any conviction results in what is essentially a felony record. The degree of crime is third degree. The jail exposure is up to five (5) years. The fine can be as much as $15,000.
Tinton Falls Criminal Restraint Attorney
Criminal restraint is a serious charge that must be defended by an experienced attorney in our view. It is not only a felony that carries serious penalties but is also frequently a companion charge to an aggravated assault, kidnapping or sex offense. This is not an offense for the inexperienced. At The Law Offices of Jonathan F. Marshall, our team has over a century of experience defending this offense, including in Howell, Brielle, Long Branch and Belmar. An attorney on our staff is ready to put his skills to work for you. To discuss the facts of our case and what we can do to help you avoid a conviction and the penalties that apply under 2C:13-2, call our office at 732-450-8300. Our lawyers are happy to assist you.
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