C.G.S. § 53a-95 – Unlawful Restraint in the First Degree

Unlawful restraint in the first degree is a serious felony charge under Connecticut law. It applies when someone intentionally restrains another person in a way that exposes them to a substantial risk of physical injury. Unlike second-degree unlawful restraint, which is a misdemeanor, this charge is elevated because of the added danger element.

Even if no one is actually hurt, prosecutors can still pursue this crime if they believe the restraint created risk. These cases are often tied to domestic disputes, arguments, or situations where emotions run high.

To convict someone of unlawful restraint in the first degree under C.G.S. § 53a-95, the state must prove:

• The defendant intentionally restrained another person.
• The restraint was done without the other person’s consent.
• The restraint created a substantial risk of physical injury to the alleged victim.

The law defines “restrain” as restricting a person’s movements in such a way as to interfere substantially with their liberty, either by moving them or confining them, without consent.

A husband blocks his wife from leaving their home during an argument. He grabs the door handle and physically prevents her from leaving. Even if she is not harmed, prosecutors may argue that this created a substantial risk of physical injury, leading to a first-degree unlawful restraint charge.

During a heated traffic altercation in Norwalk, one driver grabs another driver’s arm and keeps them from exiting their car. Although no punches are thrown, the act of physically restraining someone in a confined space may be prosecuted as unlawful restraint in the first degree.

A parent keeps their child’s other parent from leaving a public place during a heated custody exchange. The alleged victim claims they felt threatened and trapped. Even though the incident lasted only a few minutes, the prosecutor charges unlawful restraint because of the potential risk.

At a crowded concert in Bridgeport, one person jokingly holds onto a friend’s backpack to stop them from leaving for a moment. The friend laughs and goes along with it. Since there was consent and no risk of injury, this situation would not meet the legal standard for unlawful restraint in the first degree.

• C.G.S. § 53a-96 – Unlawful Restraint in the Second Degree (misdemeanor version without risk of injury)
• C.G.S. § 53a-192 – Coercion
• C.G.S. § 53a-70 – Sexual Assault in the First Degree (sometimes charged alongside restraint allegations)

Possible defenses include:

• Consent: If the other person agreed, there is no unlawful restraint.
• Lack of intent: Accidental contact or blocking someone unintentionally does not satisfy the statute.
• No risk of injury: The state must show a substantialrisk, not just a minor inconvenience.
• False allegations: In custody battles or domestic disputes, claims are sometimes exaggerated for leverage.

In rare cases, first-time offenders may be considered for the Accelerated Rehabilitation (AR) program, or in a domestic violence case the Family Violence Education Program (FVEP) though because this is a felony, it is a long shot and requires showing “good cause” to the judge.

Unlawful restraint in the first degree is a Class D felony. Penalties include:

• Up to 5 years in prison
• Up to $5,000 in fines
• A permanent felony record that cannot be erased

Because this charge is often domestic in nature, additional consequences may include protective orders, firearm restrictions, and involvement from the Department of Children and Families (DCF).

Unlawful restraint in the first degree means intentionally restricting someone’s movement without their consent in a way that creates a substantial risk of physical injury. It is more serious than second-degree unlawful restraint because of the element of risk. Even if no injury occurs, prosecutors can still pursue this felony charge if danger was present.

Yes. It is classified as a Class D felony, punishable by up to 5 years in prison and a $5,000 fine. A conviction also creates a permanent felony record that cannot be erased.

The key difference is the element of risk. First degree requires proof that the restraint created a substantial risk of physical injury, while second degree only requires proof that someone was intentionally restrained without consent. This difference makes first degree a felony and second degree a misdemeanor.

Yes. The law focuses on whether the restraint created the potential for injury, not whether harm actually occurred. Prosecutors only need to prove that the alleged victim was exposed to risk.

In Connecticut, only the prosecutor has the authority to dismiss charges. Even if the alleged victim asks for the case to be dropped, the state can continue prosecution if they believe there is enough evidence. This is especially common in domestic violence cases.

Defenses can include lack of intent, consent, or proving that no substantial risk of injury existed. In some cases, false allegations can be exposed through video footage, witness testimony, or inconsistencies in the accuser’s story. Every defense strategy must be tailored to the specific facts of the case.

Most cases involve domestic disputes where one partner blocks the other from leaving a room or house. It can also come up in road rage incidents, fights between acquaintances, or allegations tied to sexual assault or unlawful restraint in custody disputes. These situations often rely heavily on testimony rather than physical evidence.

Possibly, but it’s difficult. Because this is a felony, a judge must find that the crimes is “not too serious” to grant AR, and it is rarely approved without strong arguments from an attorney. While it’s a long shot, AR remains a potential option for first-time offenders in certain cases.

A felony conviction can damage employment prospects, professional licensing, and housing opportunities. If the case is domestic in nature, it can also lead to firearm restrictions and DCF involvement. These consequences often last long after the court sentence is completed.

Because unlawful restraint in the first degree is a felony, the stakes are very high. An experienced defense lawyer can challenge whether the facts truly rise to the level of first-degree restraint and push for dismissal, reduction to a misdemeanor, or entry into a diversionary program. Having legal representation is critical to protecting your record and future.

If you or a loved one has been charged with unlawful restraint in the first degree, do not wait to get help. I have over 30 years of experience defending clients facing serious felony charges across Stamford, Greenwich, Norwalk, Bridgeport, and New Haven.

📞 Call me today at (203) 357-5555 or reach out through my online contact form to schedule a free consultation and start building your defense.