Unlawful Restraint in the State of Texas

Unlawful Restraint Attorney in Austin, Texas

Contact Us Today at (512) 359-3300

In a few words, unlawful restraint is holding another individual against their will. The term is purposefully broadly defined in the Texas Penal Code as it can apply to a wide variety of circumstances. Individuals are often charged with unlawful restraint concurrent with other crimes. Certain exceptions apply to parents who are restraining their children who are under the age of 14. Typically, unlawful restraint is a Class A Misdemeanor. However, certain situations carry more serious sentences:

• If you restrain a child under the age of 17 who is not your own, you may be charged with a State Jail Felony.

• If you “recklessly expose the victim to a substantial risk of serious bodily injury,” you may be charged with a 3rd Degree Felony.

• If you restrain a public servant (like a police officer), you may be charged with a 3rd Degree Felony.

• If you are in custody and you restrain any other individual, you may be charged with a 3rd Degree Felony.

If you or someone you know has been charged with the crime of unlawful restraint, a qualified, well respected criminal defense attorney can help your chances of getting your charges dismissed or reduced. Jason Trumpler has been practicing criminal law for over 15-years. Contact our office today at(512) 359-3300.

Potential Consequences

As discussed above, while certain situations may cause your charges to be enhanced, unlawful restraint is typically a Class A Misdemeanor. If you are convicted of a Class A Misdemeanor, potential consequences may include:

• Up to 1-year in jail.

• A fine of up to $4,000.

This specific statute in the Texas Penal Code does not require intent – it simply requires that you acted “recklessly." A person acts recklessly for purposes of criminal conduct in the State of Texas if he or she, consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Contact Us at (512) 359-3300

Jason Trumpler has achieved hundreds of reductions, dismissals, and not guilty verdicts in his 15-years of practicing criminal law. He currently practices in Central Texas counties including Travis, Williamson, Bell, Lee, Caldwell, Bastrop, Burnet, and Hays. Contact our office today at (512) 359-3300.

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