UNLAWFUL RESTRAINT

The crime of Unlawful Restraint in Pennsylvania is a serious offense that could lead to your incarceration if convicted. It is important to speak with experienced legal counsel as soon as possible if you are under investigation for, or have already been charged with Unlawful Restraint.

What is Unlawful Restraint?

The crime of Unlawful Restraint is found under Title 18 Section 2902 of the Pennsylvania Crimes Code. A person commits this offense if he restrains another person unlawfully in circumstances exposing him or her to risk of serious bodily injury, or holds another in a condition of involuntary servitude.

In most instances, Unlawful Restraint will be graded as a 1st Degree Misdemeanor punishable by a maximum sentence of up to 5 years in prison and a $10,000 fine. However, if the alleged victim is under the age of 18, the offense will be graded as a 2nd Degree Felony punishable by a maximum sentence of up to 10 years in prison and a $25,000 fine.

Common Situations Where Unlawful Restraint is Charged

The experienced criminal defense attorneys of the Zuckerman Law Firm have most commonly seen the crime of Unlawful Restraint be charged in domestic violence scenarios. Typically, the victim will allege an assault and claim that the accused refused to let them exit the house, or a room located within a house. In this instance, the prosecutor will allege that by assaulting the victim and refusing to let the victim leave, that the defendant exposed the victim to risk of serious bodily injury.

Unlawful Restraint Defenses

Common defenses to the crime of unlawful restraint may include the following:

  • The allegations simply did not occur at all, or were fabricated;

  • The alleged victim was never restrained at all;

  • The alleged victim was not exposed to a risk of serious bodily injury. In other words, the alleged victim was not at risk of death, having permanent disfigurement, or long-term injury.

Steps to take if charged with Unlawful Restraint

If you have been charged with Unlawful Restraint, hire a lawyer as soon as possible. Do not discuss details of the case with anyone, including family members, friends or police. Do not assume that your case will resolve favorably just because you think the victim may not be interested in prosecuting. You need an experienced, assertive defense attorney to defend your case from start to finish.

For a free consultation, please call 412-447-5580.