If you’ve been accused of unlawfully restraining someone, you face serious penalties, even if you never intended harm. In Pennsylvania, unlawful restraint is a criminal charge that can lead to felony or misdemeanor consequences, a permanent criminal record, and prison time. But being charged is not the same as being convicted. You need a skilled defense attorney who can fight to protect your freedom and future.
What is Unlawful Restraint?
Unlawful restraint means that you intentionally held someone in a confined place and did not let them leave. Unlawful restraint incidents often occur when a distraught person holds another after an emotional argument or dispute, and they can also stem from another crime such as a home invasion.
The person being confined does not necessarily have to be held in a cell with multiple locks. Threats of violence or physical restraints can detain them. Unlawful restraint is different from kidnapping because the victim does not have to be moved; they simply have to be held and restrained.
When Does Unlawful Restraint Apply?
Under 18 Pa. Cons. Stat. § 2902, unlawful restraint involves knowingly and unlawfully restraining another person under one of the following conditions:
- In circumstances that expose the victim to serious bodily injury
- In a way that holds the victim in involuntary servitude (forced labor)
Degrees of Unlawful Restraint Charges
The severity of the charge depends on the age of the alleged victim:
If the Victim Is 18 or Older:
- Misdemeanor of the First Degree
- Penalties: Up to 5 years in prison and a $10,000 fine
If the Victim Is Under 18:
- Felony of the Second Degree
- Penalties: Up to 10 years in prison and a $25,000 fine
What to Do If You’ve Been Charged with Unlawful Restraint
If you’re facing charges, call a criminal defense lawyer immediately. Even if the accusation stems from a misunderstanding or a heated argument, law enforcement will treat the case seriously. You could be held in jail for days before your bail hearing, and anything you say or do could make your situation worse.
While you’re in custody:
- Do not talk about the incidents that occurred with anyone other than your attorney. This includes your friends and family as well as other people being held in jail.
- Do not talk to the police or prosecutors unless your attorney is with you.
- Do not consider any offers the police or prosecutors may make without talking to your attorney first. Your lawyer will have your best interests in mind and can help you make the decisions that are right for you under your specific circumstances.
- Do not have any contact at all with the alleged victim. If you phone or text them or otherwise communicate with them, what you say can be taken out of context and used against you at a trial.
How We Defend Against Unlawful Restraint Charges
At Worgul, Sarna & Ness, we approach every case with one goal: protecting your future. When you work with us, we’ll take immediate action to review the facts, identify weaknesses in the prosecution’s case, and explore every possible defense.
Common Defense Strategies Include:
- Proving the restraint was consensual or non-coercive
- Demonstrating lack of intent to restrain
- Showing that the victim was free to leave
- Highlighting contradictions in the alleged victim’s statements
- Challenging the credibility or sufficiency of the evidence
If the prosecution is relying solely on the alleged victim’s version of events, your attorney can expose inconsistencies or fabrications. A strong legal strategy could result in reduced charges, or even a full dismissal.
Talk to a Pittsburgh Unlawful Restraint Lawyer Today
Being charged with unlawful restraint can feel overwhelming, especially when your freedom is at stake. But you don’t have to go through this alone. We know what’s at risk, and we’re ready to fight for you.
Call (412) 281-2146 or email advice@pittsburghcriminalattorney.com to schedule a free consultation.
