Jason Trumpler | Austin Unlawful Restraint Defense Lawyer

Mar 2, 2020 @ 09:33 PM — by Jason Trumpler, P.C.

Tagged with: Unlawful Restraint Criminal Defense Misdemeanor Felony

Unlawful Restraint Attorney in Austin, Texas

Contact Us Today At 512-457-5200

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. The State often charges Individuals with unlawful restraint concurrently 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 severe sentences:

If you restrain a child under the age of 17 who is not your own, you may be facing 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), the State may charge you with a 3rd Degree Felony.
If you are in custody and you restrain any other individual, the State may charge you with a 3rd Degree Felony.

If the State has accused you or someone you know has 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 20-years. Contact our office today at 512-457-5200.

Potential Consequences

As discussed above, while certain situations may cause your charges to be enhanced, unlawful restraint is typically a Class A Misdemeanor. Possible consequences may include:

Up to 1-year in jail.
Fine Up to $4,000.

This specific statute in the Texas Penal Code does not require intent; it merely 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 512-457-5200

Jason Trumpler has achieved hundreds of reductions, dismissals, and not guilty verdicts in his 20-years of practicing criminal law. He currently practices in the following Central Texas counties: Travis, Williamson, Bell, Lee, Caldwell, Bastrop, Burnet, and Hays. Contact our office today at 512-457-5200.