Criminal Restraint in New Jersey

N.J.S.A. 2C:13-2 · Assault, Homicide & Violent Offenses

What the law says

A person commits criminal restraint by knowingly unlawfully restraining another in circumstances that expose the other person to a risk of serious bodily injury, or by knowingly holding another in a condition of involuntary servitude. The statute treats certain circumstances that cause another to believe they must remain in a particular location as a holding in a condition of involuntary servitude.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:13-2, that means:

• The person acts knowingly.
• The person unlawfully restrains another in circumstances exposing the other person to a risk of serious bodily injury; or
• The person holds another in a condition of involuntary servitude.

How the charge is graded

• A crime of the third degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• Creating circumstances resulting in another person's belief that they must remain in a particular location is deemed a holding in a condition of involuntary servitude for purposes of this section.
• In a prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old, the actor was a relative or legal guardian of the child, and the actor's sole purpose was to assume control of the child.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Criminal Restraint charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.