If you were accused of kidnapping in New Jersey, understanding the potential penalties and repercussions of a conviction is crucial. Continue reading and work with a skilled Mercer County criminal defense lawyer for experienced representation during your case.
How is the Crime of Kidnapping Defined?
Kidnapping is defined as abducting someone and holding them captive. Under New Jersey Revised Statutes 2C:13-1, a person can be found guilty of kidnapping if they do any of the following.
- Unlawfully remove another person from the place where they are found, or if unlawfully confine another with the purpose of holding that person for ransom or reward or as a shield or hostage
- Unlawfully remove another person from their place of residence or business, or a substantial distance from the vicinity where they are found, or if they unlawfully confine another person for a substantial period, with any of the following purposes:
- To facilitate the commission of a crime or flight
- To inflict bodily injury on or to terrorize the victim or another person
- To interfere with the performance of any governmental or political function, or
- To permanently deprive a parent, guardian, or other lawful custodian of custody of the victim
If there is evidence that you have committed any of the above actions, you could be found guilty of kidnapping and face the associated consequences.
What Are the Penalties for Kidnapping in NJ?
The New Jersey criminal justice system does not recognize the terms “felony” or “misdemeanor.” Instead, comparable grading is an “indictable crime” and “disorderly persons offense,” respectively.
Kidnapping is generally an indictable crime of the first degree. However, if the offender released the victim unharmed and in a safe place before being apprehended, it could be charged as a second-degree crime, which is slightly less severe.
For a standard sentence, first-degree kidnapping can result in a term of imprisonment between 15 and 30 years, and a second-degree conviction can result in a term of imprisonment between 5 and 10 years. Each charge generally includes significant fines and additional repercussions.
Can the Penalties Be Enhanced?
It’s important to understand that, depending on the circumstances of the situation, a first-degree kidnapping charge could be penalized more harshly. If any of the following is true, the court could sentence you to a term of 25 years without parole or a term between 25 years and life imprisonment, with a mandatory 25 years before being eligible for parole.
- The victim was less than 16 years of age
- Sexual assault or criminal sexual contact was committed against the victim
- The victim was sold or delivered to another person for pecuniary gain other than in circumstances that led to the victim being returned to a parent or guardian
Kidnapping is an extremely severe offense, so understanding the possible consequences is crucial. Reach out to an attorney for more information and legal advice today.
