Unlawful Restraint Criminal Defense Lawyers in Frisco, Texas

Unlawful Restraint Attorneys in Collin, Denton & Surrounding Counties

If you are accused of Unlawfully restraining someone in Texas you must take extra precautions in choosing the right Criminal Defense Attorney to represent you in your Unlawful Restraint Prosecution because the penalties are severe.  The trusted Collin | Denton County Criminal Defense Lawyers at Ridgely Davis Law in Frisco, Texas have the dedication and experience needed to successfully defend you against these devastating charges.

What is Unlawful Restraint

Sec. 20.02. of the Texas Penal Code defines the crime of Unlawful Restraint as simply intentionally or knowingly restraining another person.

To gain a clearer understanding what this means, we need to understand the term “Restraint” which is defined in the code as follows:

“Restrain” means to restrict a person’s movements without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person.

Restraint is “without consent” if it is accomplished by:

(A) force, intimidation, or deception; or

(B) any means, including acquiescence of the victim, if:

(i) the victim is a child who is 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

(ii) the victim is a child who is 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.

The only affirmative defenses to to the charge of Unlawful restraint are if

(1) the person restrained was a child younger than 14 years of age;

(2) the actor was a relative of the child; and

(3) the actor’s sole intent was to assume lawful control of the child.

Penalties for Unlawful Restraint range from being:

(1) A Class A misdemeanor if the actor is restraining someone not a public servant, 17 years of age or older and without causing or exposing the individual to serious bodily injury.

(2) a state jail felony if the person restrained was a child younger than 17 years of age;

(3) a felony of the third degree if:

• the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
• the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
• the actor while in custody restrains any other person; or

(4)  felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.