Denton Unlawful Restraint Attorney
Helping Clients in Denton, Texas, Defend against Criminal Charges of Unlawful Restraint
Unlawfully restraining an individual in Texas can lead to serious criminal charges and penalties. Although unlawful restraint is similar to the criminal charge of kidnapping, it is slightly different. Unlike kidnapping, unlawful restraint does not involve abducting another individual.
Nevertheless, a conviction for unlawful restraint can still lead to harsh penalties and serious personal consequences, including a criminal record. If you are facing a charge for unlawful restraint, Denton unlawful restraint lawyer Brent D. Bowen, Attorney at Law, is ready to help you defend against your criminal charge. We can explore all of your legal options with you and help you weigh those options in order to pursue the best possible result in your case.
Defining the Crime of Unlawful Restraint in Texas
Just like all other criminal offenses in the State of Texas, unlawful restraint has legal elements that the prosecuting attorney must prove in order to obtain a conviction against you. When it comes to unlawful restraint, the prosecution must demonstrate, beyond a reasonable doubt, that you:
- Intentionally restrained some other individual by using intimidation, force, or some kind of deception; or
- Intentionally restrained a minor child without receiving the consent of the minor child’s legal guardian or parent
When it comes to “restraint,” the accused must take some action that hinders a person’s ability to move – and without that individual’s consent.
Potential Penalties upon being Convicted of Unlawful Restraint
If you are convicted of unlawfully restraining another individual, a sentencing judge has the legal authority to impose a penalty against you. In many instances, unlawful restraint charges are Class A misdemeanors, for which the accused may receive a maximum of 12 months of incarceration, along with a maximum $4,000 fine.
In cases where the alleged victim is under the age of 17, the accused can face state jail felony charges. In those instances, a convicted individual will be sentenced to a maximum of 24 months in state jail and a maximum monetary fine of $10,000.
Third-degree felony charges can result if the accused restrains an individual who is a public servant, restrains an individual and then exposes him or her to a significant risk, or illegally restrains an individual while he or she is in custody. In any of those instances, the accused may face a maximum of ten years in jail, along with a maximum monetary fine of $10,000.
Finally, second-degree felony charges can result if the accused restrains a peace officer or judge. If the accused is convicted, he or she can receive a maximum fine of $10,000, along with a maximum prison sentence of 20 years.
Contact a Denton Unlawful Restraint Attorney about Your Criminal Matter Today
Brent D. Bowen, Attorney at Law, is ready to assist you with your criminal unlawful restraint case today. To schedule a free consultation and case evaluation with a knowledgeable Denton unlawful restraint attorney, please call us today at (940) 222-2488 or contact us online for more information about how we can assist.