Dallas Unlawful Restraint Lawyer
Quick Answer
If you have been charged with unlawful restraint in Dallas, you are facing a Dallas County case that ranges from a Class A misdemeanor to a third degree felony, depending on who was restrained and the risk involved. The charge means intentionally or knowingly restraining another person without their consent, and it most often arises from a domestic argument where one person stops another from leaving. These cases are highly defensible: the State has to prove an actual restraint that substantially interfered with the person’s liberty, that it was without consent, and, in felony cases, that there was a substantial risk of serious bodily injury. Our Dallas criminal defense team handles these cases at the Frank Crowley Courts Building and can review yours in a free consultation at (214) 903-4000.
What is unlawful restraint in Texas?
Under Texas Penal Code Section 20.02, a person commits unlawful restraint by intentionally or knowingly restraining another person without their consent. It is the least serious offense in the Penal Code chapter that also covers kidnapping, smuggling, and trafficking, but a conviction still carries jail or prison exposure, a permanent record, and consequences for employment, housing, and firearm rights.
The charge shows up in a wide range of situations: domestic disputes, arguments that turn physical, disagreements over a child, and road rage incidents. It does not require that anyone was physically hurt. Blocking a person from leaving a room or preventing a car from driving away can be enough.
What does “restrain” and “without consent” mean?
“Restrain” means restricting a person’s movements without consent so as to interfere substantially with their liberty, either by moving them from one place to another or by confining them. Restraint is “without consent” when it is accomplished by force, intimidation, or deception, and consent is also absent when a person stayed only because they were threatened. The State must prove the alleged victim did not freely choose to stay or go. See Texas Penal Code Section 20.01 for the definitions.
Penalties for unlawful restraint in Texas
Unlawful restraint is a Class A misdemeanor by default, and it increases to a felony based on who was restrained and the risk created:
- Class A misdemeanor (default): up to one year in the Dallas County Jail and a fine of up to $4,000.
- State jail felony (person restrained was younger than 17): 180 days to 2 years in a state jail facility and a fine of up to $10,000.
- Third degree felony (the accused recklessly exposed the victim to a substantial risk of serious bodily injury, restrained an on-duty public servant, or acted while in law enforcement custody): 2 to 10 years in prison and a fine of up to $10,000.
A conviction also brings collateral consequences that can outlast any sentence, including difficulty finding work or housing, immigration consequences, and, where the case is treated as family violence, the loss of firearm rights. The most heavily contested felony version is the one based on recklessly exposing the person to a substantial risk of serious bodily injury, because whether that risk was “substantial” is a fact question the State has to prove, and these are sometimes charged as felonies on facts that really support only a misdemeanor.
Unlawful restraint vs. kidnapping
Unlawful restraint and kidnapping are related but not the same. To “abduct,” the element that makes a case a kidnapping, means restraining a person with the intent to prevent their liberation by either hiding them where they are not likely to be found, or using or threatening deadly force. Unlawful restraint involves restricting someone’s movement without consent; kidnapping adds that further intent, which is why it carries harsher penalties. In contested cases the State sometimes overcharges a restraint as a kidnapping, and scrutinizing the actual intent and conduct can support reducing the charge.
Elements the State must prove
This is a criminal charge, so the State carries the burden of proof and you have no obligation to prove your innocence. To convict, the prosecution must establish beyond a reasonable doubt that:
- you acted intentionally or knowingly;
- you restrained another person; and
- the restraint was without that person’s consent.
If the State cannot prove every element beyond a reasonable doubt, you are entitled to an acquittal.
Common defenses to unlawful restraint
- Consent. If the alleged victim agreed to stay or willingly participated, there was no unlawful restraint. Text messages, witness statements, and the history between the parties often show consent.
- No substantial interference. The restraint must interfere substantially with the person’s liberty, so a brief, momentary restriction during a heated argument may not meet the threshold.
- Lack of intent. The offense requires intentional or knowing conduct, and accidental or misunderstood contact does not satisfy the statute.
- Lawful authority and statutory defenses. It is not an offense to detain or move a person as part of a lawful arrest or detention, and the Penal Code provides affirmative defenses for a relative assuming lawful control of a child 14 or younger, and for limited situations involving a person 14 to 17 years old.
- False accusation. These charges are common in contentious domestic and custody situations, and exposing inconsistencies and motive can undermine the accusation.
The legal process in Dallas County
Unlawful restraint cases in Dallas are prosecuted by the Dallas County District Attorney and handled in the Dallas County criminal courts. Misdemeanor cases go to the County Criminal Courts and felony cases to the Criminal District Courts, most of which sit at the Frank Crowley Courts Building on Riverfront Boulevard. Here is what generally happens after an arrest:
- Arrest and booking. You are booked into the Dallas County Jail, where a magistrate sets a bond and may impose conditions such as no contact with the alleged victim.
- Arraignment. You are formally advised of the charge, and your attorney can begin negotiating with the prosecutor.
- Investigation and discovery. Your attorney requests the police reports, body camera footage, 911 recordings, and witness statements. Early intervention often leads to reduced charges or dismissal before trial.
- Pretrial and resolution. Many cases resolve through negotiated reductions or dismissals; if the offer is not in your interest, the case proceeds toward a jury trial.
A contested felony case in Dallas County commonly takes several months to a year. If you are also facing a related assault or family violence charge, those cases move through the same courts and are often handled together.
How Varghese Summersett defends unlawful restraint charges in Dallas
Our Dallas criminal defense attorneys include Board Certified lawyers and former prosecutors who handle these cases throughout Dallas County. We begin with a thorough review of the evidence, looking for inconsistencies, rights violations, and weaknesses in the State’s case, and for the evidence that supports your side, such as messages or witnesses that contradict the accusation.
From there our priorities are to challenge the weakest element of the case, to push back on any felony enhancement the facts do not support, and to pursue the best available outcome, whether that is a dismissal, a reduction from a felony to a misdemeanor, or a resolution that protects your record. When a case cannot be resolved on acceptable terms, we prepare it for trial. Where the allegation involves a child, we account for how that changes the charge under the felony provisions.
Frequently asked questions
Is unlawful restraint a felony in Texas?
It can be. Unlawful restraint is a Class A misdemeanor by default. It is a state jail felony if the person restrained was younger than 17, and a third degree felony if the victim was recklessly exposed to a substantial risk of serious bodily injury, was an on-duty public servant, or if the accused was in law enforcement custody.
Can I be charged if the person agreed to stay?
No. Unlawful restraint requires that the restraint was without consent. If the alleged victim agreed to stay or to be held, there is no offense, and consent is a central defense in these cases.
What is the difference between unlawful restraint and false imprisonment?
Texas does not have a separate criminal offense called “false imprisonment.” The conduct people mean by that phrase is prosecuted as unlawful restraint under Penal Code 20.02, although a person could separately pursue a civil claim.
What if the alleged victim wants to drop the charges?
The decision to proceed belongs to the Dallas County District Attorney, not the alleged victim. If the alleged victim refuses to cooperate or recants, it becomes much harder for the State to prove its case, and your lawyer can use that in negotiating a dismissal or reduction.
Charged with unlawful restraint in Dallas? Talk to us.
An unlawful restraint charge in Dallas County deserves an immediate, serious response. Contact Varghese Summersett or call (214) 903-4000 for a free, confidential consultation. We will review your case, explain your options, and start building your defense.