Monmouth County NJ Kidnapping Attorneys
Kidnapping is by far one of the most serious offenses under the New Jersey Criminal Code. In fact, as you will see below, if convicted, a Defendant is facing up to thirty years in a New Jersey State Prison. Only a handful of offenses subject a Defendant to that type of exposure. They include aggravated manslaughter, aggravated sexual assault and carjacking. If you have been charged with kidnapping in Monmouth County it is imperative that you speak to an attorney as soon as possible. Now because of the new bail guidelines, a Defendant could be held in the Monmouth County Jail without bail, pending trial. For that to occur, the state would need to prove by clear and convincing evidence that the Defendant is a danger to society and there are no other reasonable means to protect society. This is a high standard and these types of hearings, which are known as Detention Hearings, should always be contested. If you would like to speak with one of our criminal defense lawyers about your options, then please contact us at (732)858-6959.
Most Defendants charged with kidnapping are also often charged with robbery, aggravated assault, sexual assault, burglary, trespassing, unlawful possession of a weapon and criminal sexual contact. If you have been charged with any of the aforementioned offenses in Monmouth County, the attorneys at Keith Oliver Criminal Law can help. Whether this is a custody battle gone wrong or a domestic dispute blown out of proportion, our attorney are ready and willing to aggressively fight the charges to protect your rights. To have a face to face consultation with one of our Monmouth County criminal defense lawyers today, please contact us at (732)858-6959. Our office serves all of Monmouth County including towns like Freehold, Manalapan, Colts Neck, Holmdel, Middletown, Red Bank, Tinton Falls, Belmar, West Long Branch, Asbury Park and Long Branch. If you would like to come into our office we are located directly across the street from the Middletown Municipal Court at 18 Kings Highway, Suite 109. Now here is some information on kidnapping charges in New Jersey.
Charged with Kidnapping in Freehold NJ?
The offense of kidnapping has been broken down into two different subsections. Basically, when the kidnapping is done with purpose to collect a ransom or reward a Defendant will be charged with a violation of NJSA 2C:13-1. For every other purpose, a Defendant will be charged with a violation of NJSA 2C:13-2. The difference between the two offenses is substantial. As you will see below, anyone charged with a kidnapping for ransom will be charged with a first degree felony as opposed to when there is no ransom, they will be charged with a second degree felony. Both are very serious offenses, however, there is an additional potential twenty year prison sentence for a first degree kidnapping charge.
Can I be Convicted of Kidnapping in NJ?
Kidnapping Charges in NJSA 2C:13-1- First Degree Felony
- In order to be convicted of this subsection, the prosecution must prove beyond a reasonable doubt that the Defendant unlawfully removed the victim from a place where he/she was found or if he unlawfully confines another with the underlying purpose of holding the victim for ransom or reward or as a shield or hostage.
Kidnapping Charges in NJSA 2C:13-2- Second Degree Felony
- In order to be convicted of this subsection, the prosecution must prove beyond a reasonable doubt that the Defendant unlawfully removed the victim from his/her place of residence or business, or a substantial distance from the vicinity where they were found, or if the Defendant unlawfully confines the victim for a substantial period time, to:
- Facilitate commission of any crime or flight thereafter;
- Inflict bodily injury on or to terrorize the victim or another;
- Interfere with the performance of any governmental or political function; or
- Permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.
Will I Go To Jail for Kidnapping in NJ?
As mentioned above, kidnapping can be either a first or second degree felony in New Jersey. If a Defendant releases the victim unharmed and in a safe place, the first degree charged shall be downgraded to second degree charges. Here is a breakdown of the potential penalties that a Defendant faces if convicted.
Kidnapping Charges in NJSA 2C:13-1- First Degree Felony
- 10 to 30 Years in a State Prison;
- If the victim was under the age of 16 and a sexual assault occurred, the Defendant must be sentenced to 25 years to life in prison.
- Up to a $200,000 Fine;
- A Felony Criminal Record.
Kidnapping Charges in NJSA 2C:13-2- Second Degree Felony
- 5 to 10 Years in a State Prison;
- Up to a $150,000 Fine;
- A Felony Criminal Record.
Kidnapping Defense Attorneys in Asbury Park NJ
As you can tell from reading above, the potential penalties that a Defendant faces if convicted of kidnapping in New Jersey, even for a second degree, are life changing. These are extremely serious charges and they require the assistance of an experienced Monmouth County criminal defense lawyers. To speak with one of the attorneys at Keith Oliver Criminal Law about your options, then please contact us directly at (732)858-6959. We defend clients accused of all types of criminal offenses, including aggravated sexual assault, heroin distribution, stalking, terroristic threats, unlawful possession of a weapon and marijuana distribution. So, if you have any questions whatsoever, please do not hesitate to contact us. We serve all of Monmouth County, including Freehold, Long Branch, Marlboro, Atlantic Highlands, Middletown, Aberdeen, Hazlet, Howell and Rumson.