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NJ Kidnapping Lawyers

March 21, 2024 Uncategorized

NJ Kidnapping Lawyers

Being charged with kidnapping in New Jersey can be an incredibly scary and stressful situation. Kidnapping is considered one of the most serious criminal offenses in NJ, carrying severe penalties such as decades in prison or even life sentences. That’s why having an experienced criminal defense attorney on your side is absolutely crucial.

In this article, we’ll break down everything you need to know about kidnapping charges in NJ, including the law itself, potential defenses, penalties, and how an attorney can help. We’ll also take an empathetic look at the human impact of these charges from all perspectives.

What is Kidnapping Under NJ Law?

New Jersey’s kidnapping law is defined under 2C:13-1 of state criminal code. There are two main types of kidnapping:

  • Unlawful confinement for a substantial period of time;
  • Unlawful confinement for the purpose of holding the victim for ransom, as a hostage, or for committing a crime.

To be charged with kidnapping, the unlawful confinement has to last for a “substantial period” or the purpose has to be for ransom, as a hostage, etc. A brief unlawful confinement, like a few minutes, generally doesn’t rise to kidnapping under NJ law.

Kidnapping also requires some element of force, threat, or deception against the victim. For example, physically restraining someone against their will or luring them away under false pretenses.

Penalties for Kidnapping in NJ

Kidnapping is a very serious 1st degree felony in New Jersey. If convicted, potential penalties include:

  • 10-30 years in state prison;
  • Fines up to $200,000;
  • Parole supervision for life after release.

In cases involving a victim under 16 years old, or where the defendant causes serious bodily injury, penalties can increase to 10-30 years without parole, or even life in prison.

Defenses to Kidnapping Charges

While the penalties are clearly severe, there are viable defenses an experienced attorney can use to fight kidnapping charges in many cases. Some potential defenses include:

  • No unlawful confinement – For example, the “victim” went voluntarily or there was a misunderstanding;
  • No substantial period – The confinement was very brief;
  • No criminal purpose – There was no demand for ransom, intent to assault, etc;
  • Duress – The defendant was forced to act under threat;
  • Mental illness – The defendant did not understand their actions.

An attorney can argue these defenses at trial or in negotiations with prosecutors to potentially get charges reduced or dismissed. Specific defenses depend on the unique circumstances of each case.

The Role of a Kidnapping Defense Lawyer

Facing kidnapping charges without an attorney is extremely unwise given the severe penalties. An experienced criminal defense lawyer can protect your rights and build the strongest case possible. A lawyer’s key roles include:

  • Guiding you through the criminal justice process;
  • Conducting a thorough investigation of the charges;
  • Identifying weaknesses in the prosecution’s case;
  • Advocating for your release pre-trial;
  • Negotiating with the prosecution, including plea bargains;
  • Defending you vigorously in court if necessary.

Having a knowledgeable lawyer in your corner can make all the difference in how your case plays out. Don’t leave your fate to chance.

The Human Impact

Beyond the legal implications, kidnapping charges can be emotionally devastating for all involved. The trauma inflicted on victims must be fully acknowledged. At the same time, defendants often have deep regrets and face stigma that can last a lifetime.

With empathy and compassion, we can seek justice while recognizing the humanity in each person affected. Punishment alone cannot heal wounds – we must also pursue reconciliation and rehabilitation for perpetrators. The possibility of redemption exists in most. As a society, we must believe in second chances.

For victims, support networks can provide critical healing and closure. Therapeutic justice models also allow mediated dialogue between victims and offenders. While difficult, this dialogue can be transformative by addressing harms through understanding.

Kidnapping leaves scars, but scars can mend over time. With care and wisdom, we can rise above. There is hope.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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