New Jersey Criminal Restraint Law
We represent clients charged with N.J.S.A. 2C:13-2; New Jersey criminal restraint complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
Criminal restraint is a crime of the third degree.
There are two types of criminal restraint.
First, restraint which exposes the victim to a risk of serious bodily injury.
Serious bodily injury means a bodily injury which 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.
It is sufficient to prove that defendant created a risk of such harm.
Also, the restraint must be accomplished by force, threat or deception or without the consent of a parent in the case of a person under the age of fourteen or incompetent.
The state must prove that defendant acted knowingly in restraining the victim in such a way that exposed the victim to serious bodily injury.
Under New Jersey criminal restraint law, the second type of criminal restraint the state must prove that the defendant knowingly held another in a condition of involuntary servitude.
The state must prove three elements.
First, that a person was held in a condition of involuntary servitude.
Second, that is was the defendant who held that person.
Third, that defendant knew the person was being held and knew that he was doing the holding.
The focus is on whether the victim believes that he must remain in a particular location based on circumstances created by the defendant.
It is an affirmative defense that the person held was less than eighteen years old and defendant was a relative or legal guardian of the child and the sole purpose was to assume control of the child.
If you have any questions for a NJ criminal defense lawyer about a New Jersey Criminal restraint charge, please do not hesitate to contact us.