Differences Between Criminal Restraint and Kidnapping

Kidnapping and criminal restraint are related crimes, but there are important differences. Both involve restraining someone against their will. Kidnapping generally requires moving the alleged victim from one place to another. Kidnapping is a more serious offense. The criminal penalties for both can depend on the individual circumstances.

Criminal sentencing and punishments depend on state law, but these are both charges you should take seriously. If you want to know about the possible criminal penalties in your situation, talk to a local criminal defense lawyer for legal advice.

What Is Kidnapping?

Kidnapping is taking someone against their will and using force or fear to move the person to another location. A typical kidnapping could involve grabbing someone by force, tying them up, and moving them to a place where they are confined. What differentiates kidnapping from unlawful restraint is the movement of a substantial distance.

The distance doesn’t have to be far. Kidnapping someone in front of your house and secreting them inside could be enough movement to be kidnapping. However, if someone is already inside your house, and you keep them there against their will, it would likely be criminal restraint.

Kidnapping does not have to involve physical force. Restraint and movement can come from instilling a reasonable fear of injury or harm if they don’t go with you. Using a gun, weapon, or threat of injury can be enough to kidnap someone against their will.

What Is Criminal Restraint?

Criminal restraint involves unlawfully detaining a person against their will. Unlike a kidnapping case, there is no movement requirement. If you lock someone in a room without their consent, it can be unlawful restraint.

Unlawful restraint is also called false imprisonment. For example, under the Texaspenal code, unlawful restraint is the intentional or knowing restraint of another person. In California, false imprisonment is an illegal violation of a person’s “liberty.”

Depending on the individual situation, criminal restraint can be a misdemeanor or a felony. The level of the offense generally depends on the individual circumstances. If unlawful restraint causes serious bodily injury, it can be a felony.

What Are the Penalties for Kidnapping and Unlawful Restraint?

The penalties for kidnapping and unlawful restraint depend on the individual circumstances. Unlawful restraint can be a misdemeanor or felony, depending on state law. As a misdemeanor, unlawful restraint is punishable by a fine and up to a year in jail.

Depending on the alleged victim, criminal restraint can also be a felony. This includes restraining a child, a public servant or law enforcement officer, or putting the victim at risk of serious bodily harm. As a felony, the penalties can include more than a year in state prison.

Kidnapping is generally a felony offense. Some states have different degrees of kidnapping. Other states have criminal charges for aggravated kidnapping. Second-degree kidnapping is punishable by up to 10 years in prison. Aggravated kidnapping or first-degree kidnapping can involve:

• Kidnapping a child
• Kidnapping for ransom
• Risk of serious bodily injury or using deadly force
• Carjacking
• Kidnapping multiple people

As an aggravated or first-degree offense, kidnapping is a felony. Penalties include up to 10 years or more in prison.

Can You Be Charged With Both Kidnapping and Criminal Restraint?

You could be initially charged with criminal restraint and kidnapping. However, the prosecutor may drop one of the charges, depending on the situation. For example, if the prosecutor has a strong case, they may go forward with kidnapping charges, which carry more serious penalties. If the prosecutor doesn’t have much evidence that you moved someone a significant distance, they may drop the kidnapping charge and prosecute the charge of unlawful restraint.

What Are Legal Defenses to Kidnapping and Restraint?

There are several possible defenses to kidnapping and unlawful restraint. It is not kidnapping or unlawful restraint if you actually believe the other person consented to the restraint and movement. If the alleged victim consented to go with you, it is not kidnapping. However, consent can be withdrawn.

For example, if you pick up a hitchhiker to drive to the next town, it would not be kidnapping. However, if the hitchhiker tells you to stop and wants to get out of the car, if you don’t stop, it could then be unlawful restraint or kidnapping.

In some states, it is an affirmative defense to unlawful restraint if the person restrained was a child, the defendant is a relative of the child, and the defendant intended to assume lawful control of the child. This generally involves a parent or relative disciplining a child or confining them in the house.

How Can a Criminal Defense Attorney Help?

Some kidnapping cases are based on a misunderstanding between the defendant and the alleged victim. Your attorney can review your criminal case and build a strong legal defense. Your attorney can fight for your rights in criminal court and help you avoid a conviction on your criminal record.

An attorney can also negotiate a plea agreement to reduce your penalties and help you avoid jail time. For more about your legal options, talk to a local criminal law defense lawyer.