If you or a loved one is charged or indicted for Unlawful Restraint you need an experienced criminal defense attorney to help you through the process. The legal team at Townsend, Gebhardt & Eppes, PLLC has the experience to handle the most serious of criminal offenses.
In Texas, a person commits unlawful restraint if he intentionally or knowingly restrains another person – Texas Penal Code section 20.02
Under the Texas Penal Code section 20.01(1), 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.
There are various ranges of punishment for unlawful restraint depending on the circumstances and the facts of each case. Typically unlawful restraint is a Class A Misdemeanor. However, if the person restrained is a child younger than 17 years of age it is classified as a State Jail Felony. A state jail felony carries with it the possibility of 180 days up to 2 years in the State Jail Facility. Unlike regular felonies in Texas, a State Jail Felony in most cases does not have the possibility of being released from custody prior to the expiration of the sentence.
Unlawful restraint is a third-degree felony if the person charged recklessly exposes the victim to a substantial risk of serious bodily injury, 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 another person. If you are charged or indicted you are facing as low as two years up to 10 years in prison.
In certain circumstances, a person indicted for unlawful restraint is entitled to an instruction to a jury of probation in the punishment phase of a jury trial. The importance of having an experienced criminal defense attorney when facing life in prison is never greater. Let the legal team at Townsend, Gebhardt & Eppes, PLLC review your case by calling (817) 502-3600 or submitting an online form today to set up a free, confidential consultation.