Austin Unlawful Restraint Lawyer
In Texas, facing an accusation of unlawful restraint is a serious issue. If convicted, the consequences include hefty fines and potential prison time, which could have long-term effects on your life. It's important for anyone accused to fully appreciate what's at risk.
Call Cofer & Connelly, PLLC at (512) 991-0576 or visit us online to learn more about your legal options and next steps.
What Is Unlawful Restraint?
According to Texas Penal Code Section 20.02, unlawful restraint occurs when you intentionally or knowingly prevent someone else from moving freely. To commit this offense, you must restrain another person without their permission. This could include physically holding them back, locking them in a room, or using threats to keep them from leaving. It's important to note that the restraint does not need to involve physical force; intimidation or deception to keep someone from moving can also be considered unlawful restraint.
If you're accused of this crime, the prosecutor must prove a few things to secure a conviction. First, they need to show that you acted intentionally or knowingly. This means you were aware of what you were doing and chose to restrict the other person's freedom of movement. Additionally, the restraint must be against the person's will. If the other person consented to the actions or was otherwise compliant, it's typically not considered unlawful restraint.
There are some exceptions to this rule, particularly involving children. If the person you restrained was a child under 14, and you are a relative acting with the intent to lawfully control the child, it's not considered an offense under this law. Similarly, detaining someone during a lawful arrest is also exempt from being classified as unlawful restraint.
Understanding these elements is crucial if you face charges under this statute, as they form the basis of
What Are the Penalties for Unlawful Restraint?
The penalties for unlawful restraint depend on the specifics of the offense, such as the age of the person restrained and the circumstances under which the restraint occurred. Here’s what you need to know:
Typically, unlawful restraint is treated as a Class A misdemeanor. If convicted, you could face up to one year in jail and a fine of up to $4,000. This is the standard penalty unless there are aggravating factors.
If the person you restrained was under 17 years old, the crime escalates to a state jail felony. The penalty for a state jail felony includes confinement in a state jail for 180 days to two years, and you may also be fined up to $10,000.
The offense becomes a third-degree felony if it involved recklessly exposing someone to serious bodily injury, restraining a public servant performing their duties, or if you restrained someone while in custody or in a civil commitment facility. This more serious felony can result in 2 to 10 years in prison and a fine up to $10,000.
If the person you restrained is a peace officer or judge, and they were performing their duties at the time, the crime is elevated to a second-degree felony. A conviction for this classification can carry a penalty of 2 to 20 years in prison and a fine of up to $10,000.
In Texas, if you're convicted of unlawful restraint, you might not have to go to jail. Instead, you could be placed under community supervision, often called probation. This means you live in your community under set rules instead of going to jail. You must meet regularly with a probation officer and follow specific conditions like curfews, employment, and possibly counseling sessions.
Potential Defenses in Unlawful Restraint Cases
In Texas, if you're charged with unlawful restraint, it's important to know the defenses that could apply to your case. A key defense is the intent behind the restraint. Not all actions to control another's movements are criminal. For instance, if the person you restrained was under 14 years old and you are a relative aiming to lawfully take charge of the child, this can be a defense. You must prove that your sole purpose was to take lawful control, not to harm or endanger the child.
Another defense arises if you restrained a child who is 14 to 17 years old without using force, intimidation, or deception and you are no more than three years older than the child.
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