Hudson County Criminal Restraint Lawyers
In Hudson County, New Jersey, criminal restraint is an offense that falls under the umbrella of kidnapping. Criminal restraint lies in the intermediate between a full-blown kidnapping and any type of false imprisonment. Criminal restraint is a crime of the third degree and carries potential jail time and severe fines, if convicted. Moreover, a criminal restraint charge is likely one of many charges that will be filed against someone at once. Therefore, the multitude of charges will increase the likelihood of imprisonment and the severity of the fines. Also, as a crime of the third degree, these charges will likely be filed by the Hudson County Prosecutor’s Office and fall under the jurisdiction of the Hudson County Superior Court. A defendant charged with the offense of criminal restraint might also find themselves facing sexual assault, aggravated assault, robbery, harassment and stalking charges as well. Strong legal representation can mean the difference between a conviction and a dismissal. The criminal trial attorneys at the Law Offices of Jonathan F. Marshall understand this fact. With over 100 years of cumulative experience, our firm has successfully handled cases in Hudson County on countless occasions. With a proven track record and the resources at our fingertips, the Law Offices of Jonathan F. Marshall can represent you or a loved one in your criminal restraint or false imprisonment charges in towns like Harrison, Kearny, West New York, Bayonne or Jersey City. If you would like a free initial consultation, please contact our Jersey City office at (201) 309-1800.
Criminal Restraint Attorney in Hudson County, NJ: N.J.S.A. 2C:13-2
For the State to convict an individual of criminal restraint, they must prove beyond a reasonable doubt that the individual (the defendant) knowingly restrained another (victim) unlawfully in circumstances exposing the victim to risk of serious bodily injury or, holds the victim in a condition of involuntary servitude. To defend against criminal restraint charges, it is crucial to understand how terms within the statute are defined. Specifically, the terms “serious bodily harm” and “involuntary servitude” require a deeper analysis. Under New Jersey law, serious bodily injury is an injury that creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Involuntary servitude exists when the defendant creates a circumstance that causes the victim to believe that he or she must remain in a particular location.
Beyond the above definition of criminal restraint, the State is required to prove that the defendant acted knowingly. The prove that the defendant acted knowingly, the State must demonstrate that the defendant knew he was restraining the victim, knew that the restraint was unlawful, and knew that the victim was exposed to serious bodily injury or that he knew that he was holding another in a condition of involuntary servitude. Without proof of this “mens rea” or guilty mindset, the State can not convict an individual of criminal restraint.
What are the Penalties of a Criminal Restraint Offense in Hudson County, NJ?
Criminal restraint, a crime of the third degree, carries a possible term of imprisonment up to five (5) years and a fine of up to $15,000. Third degree crimes in Hudson County carry a “presumption of non-custodial sentence”, though this presumption may be overcome by the State. Furthermore, a defendant whom has been charged with criminal restraint in the third degree maybe eligible for one of New Jersey’s diversionary programs, Pretrial Intervention (“PTI”). PTI is a diversionary program in New Jersey, where if the Defendant is accepted and they complete the program without violating any of the conditions imposed,then their pending felony charges will be outright dismissed. For more information the Pretrial Intervention Program in Hudson County, please click the link.
Hudson County NJ Criminal Restraint Attorneys
The Law Office of Jonathan F. Marshall is an experience Hudson County criminal restraint defense firm. With eight criminal defense lawyers on staff, our office is one of the largest criminal defense firms in the entire State, let alone Hudson County. If you would like to discuss your case with any one of our eight Jersey City criminal attorneys, please contact us directly at (201) 309-1800. We are available 24/7 to answer any questions you might have.
