Kidnapping Lawyer in New Jersey
Kidnapping Lawyer in New Jersey: Protecting Your Freedom
Kidnapping is considered one of the most severe crimes a person can be charged with in the state of New Jersey. It is an offense that carries both first or second-degree charges, and the penalties exceed those typically found for offenses of these degrees. A first-degree kidnapping offense may result in a prison sentence of up to 30 years, a possible fine running up to $200,000, and other legal consequences. Kidnapping often results from parental disputes in Hudson County, but it could stem from criminal restraint, terroristic threats, aggravated assault or sexual assault elsewhere.
If you or someone you know is charged with kidnapping in towns like Kearny, Harrison, Weehawken, Union City, North Bergen or Jersey City in New Jersey, Spodek Law Group can provide expert representation for you. Our team has more than 100 years of combined experience and over 25 years of prior prosecuting taking on such cases involving various types of kidnap scenarios.
New Jersey State law has two categories of kidnapping:
1. Kidnapping for ransom purposes or as a hostage
2. Kidnapping committed for any other reason
The elements that constitute this crime tend to fluctuate depending on which category the specific charge falls under.
To gain conviction against an accused kidnapper under N.J.S.A. 2C:13-1(a), the prosecutor must demonstrate beyond doubt that:
– The defendant removed an individual unlawfully from their place.
– Or that they did nonconsensual confinement.
– Their intent was to hold said individual hostage for ransom or reward.
In contrast, to obtain commitment under N.J.S.A 2C:13-1(b), the prosecutor needs compelling evidence affirming that:
– The accused party abducted an individual without consent.
– And they did so by force, threat or deception.
– The accused removed said person a substantial distance away from where they were initially at the time of the abduction.
– They did so for the purposes listed below:
a. To facilitate commission of any crime or flight thereafter
b. To terrorize or cause bodily harm to the victim – this singular criterion is enough for penalties up to life imprisonment!
c. To obstruct governmental or political functions.
d. To make it difficult or entirely impossible for a parent, guardian, or other lawful custodian to continue their roles.
To define “unlawful” cases that constitute kidnap, you need to evaluate section N.J.S.A 2C:13-1(d). It defines “unlawful” removal treatment as those done by force, deception or threat. Further, it would be unlawful and deplorable if the victim is under 14 years of age and has no one else consenting for them other than the parents or guardians responsible for them.
For a defendant convicted of first-degree kidnapping in New Jersey, jail terms range between fifteen (15) and thirty (30) years in a State penitentiary, adding to which entails paying fines of at least $200000 in most circumstances, except when another aggravating crime occurred such as child pornography production with the abducted victim; then the sentence could extend up to life imprisonment! Second-degree kidnapping sentences could carry jail terms between five (5) and ten (10) years in a State prison plus $150 000 fine.
It is worth mentioning that emotional harm falls under statute laws that apply to both forms of coercion crimes mentioned above.
Spodek Law Group understands how stressing these charges are on your present and future plans. This law firm has some criminal defense lawyers who are resilient, experienced and will aggressively defend you against all charges associated with kidnappings in Jersey City, Harrison or wherever else across New Jersey. We can help strategize your way out with strong legal counsel to help overcome any presumption against you in court. For a free case evaluation or consultation, contact our offices immediately.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS