Are You Facing Charges for the Serious Offense of Felonious Restraint?

Felonious restraint is considered a felony crime in North Carolina. If you are convicted, you could face a lengthy prison sentence. One of the most important things you can do is to reach out to an experienced criminal defense attorney who can help you begin preparing a strategic and aggressive legal defense.

Working with a skilled attorney could help you get the charges against you dismissed altogether or reduced to a less serious offense by accepting a plea bargain. The sooner you speak to an attorney, the sooner an attorney can begin helping you defend yourself.

What is the Crime of Felonious Restraint?

Felonious assault is similar to a kidnapping charge but carries less severe penalties. The crime of felonious assault is defined under N.C.G.S. 14.43-3. This crime occurs when a person unlawfully restrains another person. Felonious assault includes a victim who was 16 years or older and was restrained without their consent.

When the victim was under the age of 16 years old, the defendant committed felonious assault by restraining a person without their parent or legal custodian's consent. Felonious assault can also be committed if a victim has been unlawfully restrained and is then transported from the place where they were initially restrained in a motor vehicle or by another means of transportation.

The Definition of Restraining a Victim

Courts define restraining a victim liberally and broadly as the use of force, deception, threats of force, conceit, or fraud. The following are some examples of felonious assault:

A child under the age of 16 climbs out of their window and sneaks out of their house with a friend who drives them to another place without the parent or legal custodian's consent.
The defendant gets angry at a friend or romantic partner, restrains them in their vehicle, and transports them to another location, leaving the victim by himself or herself
A boyfriend or girlfriend takes a child under the age of 16 on vacation without the consent of the child's parent or legal custodian
Perspective fraternity members are restrained in a vehicle, taken somewhere, and dropped off in the middle of nowhere with no way to get back.

The Penalties for Felonious Restraing in North Carolina

Determining the exact penalties for felonious assault can be complicated because North Carolina uses complex sentencing guidelines. The guidelines take into account aggravating factors and mitigating factors. Aggravating factors can include a defendant's prior criminal record and any violent or aggressive circumstances of the crime. Felonious assault is usually considered a class felony that carries a prison sentence of between 33 and 59 months if convicted. Those convicted will also face fines and a lifetime Criminal record.

How is Felonious Restraining Different Than Kidnapping?

It is common to confuse felonious assault with kidnapping. Both crimes involve taking another person and transporting them somewhere. However, felonious assault is a different crime than kidnapping and is punished less harshly. The main difference between feloniously and kidnapping comes down to the purpose of restraint of the victim.

Kidnapping is considered the unlawful confining, restraining, or moving of a victim who does not consent from one place to another place. Kidnapping also requires prosecutors to prove one of the following additional factors has occurred:

The defendant held the victim for ransom
The defendant used the victim as a shield
The kidnapping was part of a felony occurring or the flight of someone after a felony has occurred.
The kidnapping involved terrorizing the victim or inflicting bodily harm on them, keeping the victim in on voluntary servitude, subjecting the victim to human trafficking, or subjecting the victim to sexual servitude.

The crime of kidnapping is considered much more serious than the crime of felonious restraint, and the penalties are much more severe. Prosecutors can charge a person with a Class E or Class C felony for kidnapping. Class E felonies carry a prison sentence of between 15 and 63 months. Class C felonies carry a prison sentence between 44 and 182 months.

Are You Looking for a Criminal Defense Attorney in Charlotte, North Carolina?

If you have been charged with felonious assault or kidnapping, your future and freedom are in jeopardy. You will benefit from speaking to an attorney who can begin aggressively defending your rights as soon as possible. Do not hesitate to contact Arnold & Smith, PLLC, as quickly as possible to schedule a complimentary case evaluation.