Most states have some type of unlawful restraint law which is typically a misdemeanor but can easily be bumped to a felony if weapons were involved or if considered such under state law even without the use of weapons. In most areas unlawful restraint is defined as any action that knowingly and purposefully restrains, limits or prevents the freedoms of another individual without legal authority.
Unlawful Restraint Penalties
As a misdemeanor unlawful restraint charges have much less significant penalties than the felony charges. Typically in lesser cases there may be requirements of probation, counseling or community service as alternatives to sentencing, especially on first offense charges.
Possible Penalties
- Fines of up to $500
- Jail time of up to 180 days
- Probation
- Counseling
- Community service
Unlawful Restraint Sentencing
The court will typically take into consideration several factors when sentencing. The length and type of restraint or confinement as well as any other crimes that may have occurred in conjunction with the unlawful confinement will also have an impact on the sentencing. In situations where the restraint was done to control a child or an individual under a specified age and was done with the consent and knowledge of the parents or legal guardians or by the parents or legal guardians an attorney can help in getting the charges dismissed or reduced. In some cases if the restraint was done to prevent the individual from injuring themselves or others an attorney can also help with getting the charges reduced, dropped or alternative sentencing to jail time ordered.
Unlawful Restraint Charges And Legal Help
As this is a serious offense that can impact on your current employment or ability to seek new employment, getting a professional criminal defense attorney familiar with unlawful restraint charges on your side as early as possible is essential. Often in these cases the attorney can have the charges decrease or even dropped, or can provide information on mitigating circumstances that will favorably impact on sentencing.
- If you have been charged with Unlawful Restraint, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Unlawful Restraint: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | Varies by Case | any term of years according to judge, severity of case, or life imprisonment, if restraint can be construed as kidnapping. | Varies by Case | If death occurs during unlawful restraint, punishment may be death. |
| Alaska | no less then 500 no more then 1000 | 6 months max | 3-5 years | Not Available |
| Arizona | $384-$436 | 6months-7years | 6months | Not Available |
| Arkansas | Upto $1000 | Varies Widely by Case | Varies by Case | deemed guilty of a misdemeanor , license will be revoked |
| California | 150-2000 | 6m to 3 years | 5 years | Not Available |
| Colorado | up to $500 | up to $180 | up to 1 year | counseling and community service may also be ordered |
| Connecticut | Up to $5000 | 1-5 Years | 1-3 Years | Not Available |
| Delaware | not exceeding five thousand dollars | not exceeding one year | upto 2 years | Not Available |
| Florida | Fines of up to $500 | ail time of up to 180 days | 1 year | Counseling and Community service |
| Georgia | not less than $500.00 nor more than $2500.00 | up to 30 years | 10 years min | Not Available |
| Hawaii | Not to exceed $500 | Not to exceed 6 months | 4 to 20 years | community service:5 years = not less than 240 hours,drug class:Defendant is required to enroll in a 14-day alcohol or drug abuse program,jail time:up to five days,license suspension:90 days |
| Idaho | $500-$1500 | 2 years | 36 months | suspended license |
| Illinois | Felony Up to $25,000 Fine | 1 to 3 Years in Pen (w/ deadly weapon) 2 to 5 Years in Pen. | Varies by Case | Not Available |
| Indiana | up to $10,000.00 | 6month - 3 years | 6 months after time of incarceration | must pay all court costs |
| Iowa | $10000 to $20000. | Varies Widely by Case | 10 years | $50 - $500 |
| Kansas | 1000-1500 | 90-1 years | 3- 5 years | Not Available |
| Kentucky | up to $500 | up to 180 days | up to 18 months | professional counseling or community service may be required |
| Louisiana | up to $10000 | up to 10 years | 5 years | Not Available |
| Maine | $70 -$500 | 5 days -6 months | 30 months | community service |
| Maryland | 1500-2500 | 2-7 years | 5 years max | Anger Mangement |
| Massachusetts | 10000 | 7 years | Varies by Case | cancel green card |
| Michigan | 20000 | up to 15 years | Varies by Case | Not Available |
| Minnesota | up to $35,000.00 | not more than 20 years | Varies by Case | Not Available |
| Mississippi | $ 5000 to $ 50,0000 | 6months-2 years | 2 -10 years | community service |
| Missouri | $100 -$5000 | 270 day-30 months | 2 years | ordered to perform 50 hours |
| Montana | 500 | 6 months | Varies by Case | shall be fined not to exceed $500 or imprisoned in the county jail for any term not to exceed 6 months, or both. |
| Nebraska | up to $10000 | up to 20 years | up to 3 years | Judge may order counseling. |
| Nevada | $100000 fine | 18-24 months | 6 months probation | Not Available |
| New Hampshire | 1000 | one year | 10-year | drugs will continue |
| New Jersey | fine up to $10000. | 180 days to 2 years | 90 days | Not Available |
| New Mexico | fine up to $10000 | 180 days to 2 years in Jail | Varies by Case | Not Available |
| New York | up to $500 | up to 180 days | Varies by Case | Counseling, Community service |
| North Carolina | $1000 -$25000 | 34 months-50months | 50months | community service,suspended sentence |
| North Dakota | 1000 | one year | Varies by Case | First Degree ... In addition to any other penalty required by law, be required to serve a minimum period of 7 |
| Ohio | up to $250 | not more than sixty days | Varies by Case | Unlawful Restraint in Ohio is a third degree misdemeanor. |
| Oklahoma | $10000-$50000 | 40 months to 5 years | 1 to 5 years | Not Available |
| Oregon | 1500 | 3-6 months | 6 months | Not Available |
| Pennsylvania | up to $300 | up to six months | up to six months | Unlawful Restraint in Pennsylvania is a misdemeanor of the first degree. |
| Rhode Island | 2500 | 90 days | 2 years | Not Available |
| South Carolina | 300 | 7 years | 30 days in county jail" or "five years in state prison | penalties for drug crimes |
| South Dakota | 500 | 2 years | 2-10 years | community service |
| Tennessee | no more than $2,500.00 | no greater than 11 months, 29 days in jail | shall be for a period of time not less than the period of the maximum sentence for the misdemeanor | Not Available |
| Texas | a fine not to exceed $4,000.00 | up to 1 year | up to 1 year | Not Available |
| Utah | $1000-$30000 | 7-30 days | 1-2 years | suspended license |
| Vermont | 1st degree - a fine of not more than $50,000.00, 2nd degree - a fine of not more than $25,000.00 | 1st degree - punishable by imprisonment for not more than 15 years, 2nd degree - imprisonment for not more than five years | to he discretion of the judge | Not Available |
| Virginia | 1500 | 15-month | 3 years | community service |
| Washington | $5000-$10000 | 60 days-1 year | 1 year | community service |
| West Virginia | 150-200 | 6m-1y | 2 years | Not Available |
| Wisconsin | up to $25000 | up to 10 years | up to 5 years | Judge may order counseling, restitution and/or community service. |
| Wyoming | $300-$350 | 12 years | 3 years | community services |
