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North Carolina Criminal Law Chapter 14-43.3: Felonious Restraint (Felony)
Under North Carolina Criminal Law Chapter 14-43.3, the crime of felonious restraint occurs when the Defendant unlawfully restrains another individual without proper consent and thereafter moves the alleged victim from the place of initial restraint by transporting the person in a motor vehicle or other method of transportation.
Felonious Restraint in North Carolina shares certain similarities to the Common Law offense of kidnapping charges, also a felony in NC. False Imprisonment is a lesser included offense of Felonious Restraint. While a “lesser” offense, it too is serious and can carry long-term consequences to your future.
To prove a charge under Chapter 14-43.3, the State must be able to prove the following elements (beyond a reasonable doubt) to a judge or jury:
- The Defendant intentionally and unlawfully restrained a person
- That either:
- The Defendant did so without that person’s consent OR
- The person had not reached the age of 16 and the defendant did so without the consent of the person’s parent and/or legal custodian
- The Defendant moved the person from the place of initial restraint by transporting the person in a motor vehicle or via another method of transport
If the Defendant (the person accused of criminal wrongdoing) contests the fact that he or she transported a person, it is proper for the judge to provide the jury with the pattern instruction for False Imprisonment.
Defendant really likes a girl he knows as a fellow student UNCC. Defendant’s friend asks girl out on a date which infuriates Defendant. Prior to the date, Defendant and Friend are hanging out. Friend begins talking about his date that night with girl and how much they have been texting back and forth. Defendant becomes enraged and grabs friend by his leg and drags him to his car. Defendant drives 10 miles outside of town to a rural area in Mecklenburg County and pushes friend out the door to walk back to campus. Friend doesn’t show up for date. Defendant can be charged with Felonious Restraint.2. Related Offenses
For other related offenses, please click the following links below:
- Felonious Restraint – Minors
- Communicating Threats in NC
- Simple Assault Charges
- What Makes a Charge a Felony in NC?
Intent is an “essential element” of the offense of felonious restraint in NC. If the evidence shows the Defendant did not act intentionally, a conviction for restraint charges would be inappropriate. Intent must ordinarily be proved by circumstances from which it may be inferred. That is, intent may be inferred by a reasonable prudent person based on the just and reasonable deductions he or she arrives at considering the circumstances.
The State carries the Burden of Proof, including proving the accused acted with wrongful intent.
Likewise, if the State fails to show the Defendant transported the victim from the place of initial restraint, the allegations of felony restraint would be subject to a Motion to Dismiss and/or a Not Guilty verdict by the Finder of Fact.4. Penalties for Felonious Restraint
The crime of felonious restraint is a Class F felony punishable by a maximum period of incarceration of 59 months in a North Carolina state penitentiary. It is a serious felony in NC.5. Criminal Defense for Felonious Restraint
If you have been charged with Felonious Restraint you we strongly recommend you consult with an experienced criminal attorney immediately. Our defense lawyers are available for consultation.
Felony Restraint is considered a very serious violent felony crime that can expose the accused to substantial prison time, if convicted and/or upon a plea of guilty.
Do not speak to law enforcement, friends, or even family about the accusations or criminal allegations.
That applies whether or not you have been arrested or formally charged. Don’t answer questions. Do not give a statement. You have the right to remain silent. If you are in custody or subject to an interrogation, Miranda Rights may apply.
Take the fifth. Lawyer up.
Voluntary statements you give may be used against you in certain circumstances. Miranda Rights ordinarily do not apply to “non-custodial” questioning.
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