Unlawful Restraining

Restraining Muslim Lawyer in New York


Did you know you can move to wherever you please at whichever time you please? Well, movement is probably one of the best liberty one can enjoy and cherish. But what would happen if someone took away the freedom to move? Been deprived of the right to move is troubling and thus has led states to draw laws and penalties against anyone who deprive another of freedom to move.

Unlawful restraint or restriction of a person’s movement is an act of holding someone from exercising their right to movement. The act has to be intentional and without the victim's consent. Although each law defines unlawful restraining differently, all states hold a common ground based on what constitutes unlawful restraining.

          

So, what constitutes unlawful restraining?

  1. -   Consent

Unlawful restraining occurs when the victim is unwilling to stay. For example, if a guard asks you to accompany them to the security area, the act is not unlawful to restrain if you accept to accompany the guard to the security area.

  1. -   Time

Time is another factor that determines unlawful restraining. When the victim is held even for a short time against their will, the act is described as unlawful restraining.

  • -   Unlawful

If someone has the authority to restrain another, then their act of restraining someone is not unlawful. However, the law has to determine whether the person with authority has a legal right to hold another.

  1. -   Detention

Detaining a person is intentional even if you don’t have to put the victim in a cell, jail or a confined room. Furthermore, you can detain a person in their own house. The point is to prevent that person from leaving by either threatening them or causing physical harm.

  1. -   Escape

Unlawful restraining becomes complete when the victim is barred from leaving the detention area. However, if the victim fears that if they try to leave they will be harmed, the escape element still counts.

Unlawful restraint and kidnapping and false imprisonment

While all the above term describes holding someone against their will, the penalties applied to each of this crime may vary. For instance, a prosecutor files a criminal charge against offenders of unlawful restraint while the victim can file civil law against someone who falsely imprisons them. Ideally, unlawful restraints draw criminal charges while false imprisonment attracts money damages. As it stands, unlawful restraint sounds a lot more like kidnap. But, kidnapping requires the victim to be moved before getting restrained.

It is important to understand each crime individually for you to understand how penalties apply. For instance, if someone holds a victim shortly to commit sexual assault, the act is unlawful restraints and not kidnapping as the holding was necessary to complete another crime. Similarly, if a robber holds you at gunpoint to steal from you, the act is merely unlawful restraint as it is incidental the robber had to hold you until he/she completed stealing. Nonetheless, it's important to discuss your situation with a lawyer that is experienced to help you distinguish and define the crime you've committed and the penalties you face.

Penalties for unlawful restraint

States categorize crimes into misdemeanors and felony. A misdemeanor unlawful restraint applies if there is no involvement of physical injuries, threats, or any other risk against the victim. Felony unlawful restraint, on the other hand, applies when the circumstances surrounding the crime involves harming the victim or subjecting the victim to death or substantial injury. Additionally, any use of threat or violence alleviates the crime from one degree to another higher degree attracting severe penalties as the severity increases. Some of the penalties for unlawful restraint include;

  • -   Fines

Misdemeanor unlawful restraining requires the offender to pay a fine of $1000 or less while a felony offender has to pay a fine of $5000 or more.

  • -   Incarceration

An offender who commits misdemeanor unlawful restraint could be charged with one year or less in prison while the felony offender could stay up to 15 years in prison. However, if the victim of the unlawful restraint is a child, the offender could be charged with life imprisonment.

  • -   Probation

Probation sentence for unlawful restraint is possible only when the offense is a misdemeanor and the offender has never committed a crime before. But, felony unlawful restraint offender may be granted a probation sentence, based on several factors. A person sentenced on probation has to adhere to the term of the probation. For example, if the offender is supposed to meet a probation officer once a month, they have to observe the date. Other probation terms may include passing a drug test and avoiding to commit more crimes. The probation period may last from six months to a year.

Defense

Some acts of restraining are justifiable as illustrated in the Penal Law of New York. For instance, physical force is justifiable if;

  • The conduct is performed by a public servant in the realization of his/her official duties
  • The conduct is necessary to prevent public or private injuries that the victim could have caused.

Ideally, if one has to use physical force to restrain another person, then the actor has to prove they had a reasonable belief that their act was necessary. For example, if one is trespassing in a private property, the guard or the owner of the property might restraint the offender if they believe the offender had intentions to cause imminent unlawful actions.


 Citizen’s arrest

Another defense is citizen's arrest and is applicable if the citizen is correct that a person was committing or was about to commit a crime. While police can restrain a person based on their reasonable belief, a citizen has to be sure a person has committed the crime to hold that person until the police arrive.



Find a lawyer

It's necessary to secure legal representation immediately after the filing or your arrest with unlawful restraint. With the help of an attorney, you can prepare a good defense and promote effective investigation. The lawyer will investigate the circumstances surrounding your case and prepare a good defense against the prosecutor. Considering that an experienced lawyer is equipped with skills and knowledge of unlawful restraints and how to help you acquire reduced charges or through away the charges altogether. Moreover, if the case moves to court, the lawyer knows how to negotiate the terms or strong plea deal. The point is, you have to hire a lawyer as soon as you face charges of unlawful restraining to help you craft the best defense.  

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