There are many sex crimes that a person could face in the state of Connecticut. While you might be aware of some of the obvious ones, there are some less known sex crimes that a person could be charged with in Connecticut. One lesser known sex crime is unlawful restraint. Unlawful restraint in the first degree, also known as “unlawful restraint 1,” is governed by Connecticut General Statutes § 53a-95. A person might also face an unlawful restraint in the second degree charge in Connecticut. This crime is also commonly referred to as “unlawful restraint 2.” Unlawful restraint crimes are considered sex crimes, and they are governed by Connecticut General Statutes § 53a-96. You can learn more about these crimes and what to do if you are charged with them on this page. We also offer some ways that you can get help and protect your rights if you face this charge, or any other in the state of Connecticut.
What is Unlawful Restraint in the First Degree?
The statute defines unlawful restraint 1 as a situation where a person restrains another person under circumstances which may cause the person substantial risk of physical injury.
There are a few terms in this definition that need further clarification. Words such as “restrain” and “consent” are defined by Connecticut General Statutes so that it is clear what is meant by the definition of unlawful restraint in the first degree.
“Restrain” is defined as follows according to the General Statutes: a situation where one person restricts another person’s movements. They must do this intentionally and without the other person’s consent. Conn. Gen. Stat. § 53a-91(1). You can learn more about consent on our consent page. Just click here.
Penalties of Unlawful Restraint 1
Unlawful restraint 1 is a class D felony. The penalties for a class D felony can be serious. If convicted, you face a term of imprisonment of a maximum of five years and a fine not to exceed five-thousand dollars. Conn. Gen. Stat. § 53a-35a (2019); Conn. Gen. Stat. § 53a-41 (2019).
What is Unlawful Restraint in the Second Degree?
Connecticut statute defines unlawful restraint 2 as a situation where a person restrains another person without his or her consent. You can check out our unlawful restraint 1 page to learn more about the “restraint” definition according to Connecticut General Statutes. You can also check out this page to learn more about what consent means in Connecticut.
Penalties for Unlawful Restraint in the Second Degree
Unlawful restraint in the second degree is considered a class A misdemeanor in Connecticut. The penalties for a class A misdemeanor are a term of imprisonment not to exceed one year and a fine not exceed two-thousand dollars. Conn. Gen. Stat. § 53a-36; Conn. Gen. Stat. § 53a-42.
If you have been charged with a crime, it is best to seek the help of an attorney. Find a lawyer who has worked with cases such as your own. For example, if you face an unlawful restraint in the first or second degree charge, it is a good idea to find a criminal defense attorney who has worked with sex crime defense before. At Ruane Attorneys, our lawyers have worked with sex crime defense and can assist you with your case. We are happy to sit down with you and discuss your situation, answer your questions, and provide additional resources to help you. Just contact our office and we can set up a time to talk. We know that this is a stressful and difficult time, but you don’t have to go through it alone! Contact us for help with an unlawful restraint in the second degree charge.