Kansas Statutes § 21-5411 defines criminal restraint as knowingly, and without legal authority, detaining or restraining another person against their will. Criminal restraint charges tend to arise during domestic situations and disputes. For example, an argument between a couple in an intimate relationship can cause one partner to prevent another from leaving their home. This can be considered criminal restraint, and possibly a form of domestic violence.
Although these charges are less serious than kidnapping, they can still result in class A person misdemeanor convictions, which pack penalties of up to one year in a county jail and fines up to $2,500. Many criminal restraint cases may also involve additional criminal allegations, including domestic battery, assault and other violent crimes, sex crimes and others.
Having worked on many domestic related legal issues throughout our 57 combined years of practice, our firm understands that many of these criminal allegations are simply the byproduct of the heat of passion. Domestic disputes and arguments can be difficult and messy matters, but they must be addressed when determining defense strategies or working toward preventing formal legal proceedings.
While a simple argument or misunderstanding may have initiated a lapse of judgment that led to criminal charges, you can take proactive measures by consulting legal counsel and preparing your defense as soon as possible. The fact of the matter is that the penalties and criminal record that come with convictions are too severe for you to allow your case to go without legal representation. Our firm also wants to make it clear that while some cases involving criminal restraint may seem unwarranted or inconsequential, formal charges mean serious legal proceedings and severe criminal penalties.
If you wish to protect your rights, future and freedom, you need to work with Johnson County unlawful restraint lawyers from Garretson & Toth, LLC. Contact our firm to learn more about your case.