Kidnapping is a very serious charge under the New Jersey Criminal Code. If convicted, a Defendant could serve up to thirty (30) years in a State Prison. The governing statute in New Jersey for kidnapping is N.J.S.A. 2C:13-1. More often then not, a kidnapping usually stems from a domestic violence incident gone terrible wrong. Therefore, most Defendant’s charged with kidnapping in Morris County also find themselves facing terroristic threats, unlawful possession of a weapon, aggravated assault, false imprisonment, aggravated sexual assault or criminal restraint charges as well. In addition, most find themselves also facing a Final Restraining Order Hearing as well.
If you or a loved one has been charged with kidnapping in Morris County in towns like Morristown, Parsippany, Dover, Denville, Mendham, Randolph, Boonton or Washington, the law offices of Marshall, Bonus, Proetta & Oliver can help. Our office has over 100 years of combined experience on staff, including years of prior prosecuting experience. Therefore, you would be hard pressed to find a legal scenario that we have not already dealt with. If you would like to come into our office to discuss your options, then please contact our Morristown office directly at 973.309.7050. Our attorneys can be reached 24/7 as we understand that time is of the essence. Now here is some key information on the offense of kidnapping, including what the prosecution must prove beyond a reasonable doubt before a conviction could be obtained.
N.J.S.A. 2C:13-1: Kidnapping Lawyers in Roxbury NJ
As mentioned above, the governing statute in New Jersey for kidnapping is N.J.S.A. 2C:13-1, which states in pertinent part:
a. Holding for ransom, reward or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.
b.Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:
(1)To facilitate commission of any crime or flight thereafter;
(2)To inflict bodily injury on or to terrorize the victim or another;
(3)To interfere with the performance of any governmental or political function; or
(4)To permanently deprive a parent, guardian or other lawful custodian of custody of the victim.
What are the Penalties for Kidnapping in New Jersey?
Typically, kidnapping in New Jersey is a first degree felony and is punishable by up too thirty (30) years in a State Prison and a fine up too $200,000. However, if the Defendant releases the victim unharmed and in safe place prior to apprehension, then it will be considered a second degree felony. A second degree felony in New Jersey is punishable by up to ten years in a New Jersey State Prison and a fine up to $150,000. In addition, the offense of kidnapping also falls under the No Early Release Act (NERA). NERA in essence requires a Defendant to serve at least 85% of their sentence before they can become eligible for parole. As you can tell, this is a very serious crime, one that if not handled properly could land you behind bars for a long period of time. For a free consultation, please contact our office at 973.309.7050.
Experienced Morris County NJ Criminal Defense Attorneys
As you can tell from above, a conviction for kidnapping in New Jersey can be devastating to not only your life but your loved ones as well. If you have been charged with a criminal offense like kidnapping, stalking, harassment, criminal restraints or aggravated assault it is imperative that you seek the assistance of an experienced Morris County criminal defense firm immediately. If you have been charged with a criminal offense in Montville, Butler, Madison, Mendham, Chatham or Harding, the law firm of Marshall, Bonus, Proetta & Oliver can help. For a free initial consultation, please contact our Morristown office at 973.309.7050.