Unlawful Restraint
Houston Violent Crime Attorneys
In the United States, people have the freedom to live and move about freely. Thus it is illegal to interfere with a person’s liberty against his or her will by restricting the person’s movements, by moving the person from one place to another or by confining the person. Because illegal restraint or confinement can leave long lasting psychological trauma on victims, the laws regarding unlawful restraint are strictly enforced by Texas law enforcement and prosecutors frequently seek severe punishment. If you have been charged with unlawful restraint, it is important that you contact an experienced violent crimes defense lawyer.
Houston Unlawful Restraint Attorneys
If you have been charged with unlawful restraint in the Greater Houston area, including Katy, Cypress, Jersey Village, Bellaire, Spring, Humble, Pasadena, Channelview, Conroe, The Woodlands, Hempstead, Richmond, Sugar Land, Missouri City, Pearland, Angleton, Friendswood and Galveston, you can contact the law offices of James G. Sullivan and Associates at (281) 546-6428 for a free phone consultation and case evaluation. They are experienced criminal trial lawyers who will fight for your rights, freedom and future.
What is Unlawful Restraint in Texas?
According to §20.02 of the Texas Penal Code, a person can be charged with unlawful restraint if he or she intentionally or knowingly restrains another person without consent by using force, intimidation, or deception. However, unlawful restraint can be done by any means, including acquiescence of the victim, if:
- the victim is a child less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or
- the victim is a child between 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim’s residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
In addition, there are affirmative defenses which might be used by the defense to get the charges dismissed.
Punishment for Unlawful Restraint in Harris County
Unlawful restraint is charged as a Class A misdemeanor, however it can be enhanced to a State Jail Felony if the victim was a child less than 17 years of age.
It can also be enhanced to a Third Degree felony if the offender recklessly exposes the victim to a substantial risk of serious bodily injury, the offender knowingly restrains an on duty public servant, or the offender while in custody restrains any other person.
According to Chapter 12 of the Texas Penal Code, a person charged with unlawful restraint can receive any of the following punishment and consequences if they are convicted of the offense:
- A person convicted of a Class A misdemeanor can be sentenced to up to a year in jail, and/or a fine of up to $4,000;
- A person convicted of a State Jail felony can be sentenced between 180 days to 2 years in a state jail, and a fine of up to $10,000; and,
- A person convicted of a Third Degree felony can be sentenced between 2 to 10 years in prison, and a fine of up to $10,000.
Although the punishment for unlawful restraint is less severe than that of kidnapping, it is still a serious offense. Contact an experienced criminal defense attorney who will provide effective and aggressive representation.
Unlawful Restraint Defense in Houston
If you have accused of unlawfully restraining someone in Harris County, Montgomery County, Fort Bend County, Waller County or Brazoria County, contact the law offices of James G. Sullivan and Associates. We are experienced defense lawyers in northwest Houston who will make every effort to help you receive the best outcome for your particular case. Call (281) 546-6428 for a free phone consultation and case evaluation, the first step in providing you a strong defense.
