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Kidnapping

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Kidnapping Lawyers

Being placed in handcuffs and charged with a criminal offense can be nerve wracking for most. However, if that arrest is for kidnapping, it can be downright terrifying. Kidnapping is by far one of the most serious criminal offenses under the New Jersey criminal code. Furthermore, more of often than not, someone charged with kidnapping is also going to be facing other serious criminal offenses like aggravated assault, sexual assault, criminal sexual contact, criminal restraint and they could also be served with a temporary restraining order as well. As you will see below, kidnapping is either a first or second degree felony offense in New Jersey and if convicted, a Defendant could be facing up to thirty (30) years in a State Prison. If you have been charged with a criminal offense like kidnapping in Somerset or Hunterdon County it is crucial that you speak to an experienced criminal defense attorney as soon as possible. Based on the new bail reform, the prosecution has the ability to detain a Defendant in the Somerset County jail, without bail, pending trial. In order to do so, they must file for and be successful at what is known as a Detention Hearing. These hearings can and always should be contested. For more information on Detention Hearing’s in Somerset or Hunterdon County, please feel free to contact us at 908-533-1064.

Proetta & Oliver defends clients accused of serious crimes like kidnapping, endangering the welfare of a child, stalking, aggravated assault, unlawful possession of a weapon, aggravated assault on a police officer and burglary in courts throughout Somerset and Hunterdon County. Our Somerset County criminal defense lawyers are well aware of what a conviction for kidnapping, let alone a lengthy prison sentence can do to someone’s life. As such, we are dedicated to aggressively challenging the evidence presented against our clients in order to obtain a favorable outcome. We will make sure that no stone is left unturned when it comes to defending our clients. If you would like to speak to one of our criminal defense attorneys about your options, then please contact us at 908-533-1064. We can go over the specifics of your case and we will give you our honest feedback on how we think we can be of assistance. We appear in courts throughout Somerset and Hunterdon County, including Somerville, Flemington, Bound Brook, Clinton, Readington, Hillsborough, Franklin, Raritan and Manville.

Kidnapping Attorneys in Hunterdon County NJ

Charged with Kidnapping in New Jersey?

The offense of kidnapping is governed by NJSA 2C:13-1 in New Jersey. The offense basically seeks to prosecute anyone who unlawful removes and/or detains someone against their will. The legislature has broken down the kidnapping statute into two different sections. The breakdown in the statute basically escalates a kidnapping from a second degree to a first degree felony if the underlying purpose behind the kidnapping was for the purpose of collecting a ransom or holding someone hostage. Here is a breakdown of both sections, including what the prosecution must prove in order to obtain a conviction.

NJSA 2C:13-1a: In order to be convicted of a First Degree Kidnapping Charge, the prosecution must prove:

  • That the Defendant removed someone from a place or confined someone in a specific place; &
  • By doing so, the Defendant had the purpose to confine the person for either a:
    • Ransom; or
    • Reward; or
    • Hold them as a hostage.

NJSA 2C:13-1b: In order to be convicted of a Second Degree Kidnapping Charge, the prosecution must prove:

  • That the Defendant removed someone from a place or confined someone in a specific place; &
  • By doing so, the Defendant had the purpose to confine the person to:
    • Facilitate the commission of any crime or flight thereafter; or
    • Inflict bodily injury on and/or to terrorize the victim; or
    • Interfere with any governmental and/or political function; or
    • Permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.

The most common kidnapping that we see at Proetta & Oliver stems from the last scenario, when a parent is seeking to deprive the other parent of their custody rights. Regardless of the factual scenario surrounding the kidnapping, this is a very serious offense and should not be taken lightly. If you would like to speak to one of our Somerset County criminal defense attorneys about your options then please contact us at 908-533-1064.

What is the Jail time on a Kidnapping Charge in NJ?

 

Degree

Penalties

1st Degree Felony
  • 10 to 30 Years in Prison *
  • $200,000 Fine
  • Felony Record

2nd Degree Felony

  • 5 to 10 Years in Prison
  • $150,000 Fine
  • Felony Record

*If the victim was a child and a sexual assault occurred, the Defendant must be sentenced to a minimum of 25 years with a 25 year parole ineligibility period.

The legislature has chosen to add an additional potential 10 year prison term to the first degree kidnapping charge. Typically, anyone convicted of a first degree felony would be facing a potential prison term ranging anywhere from 10 to 20 years. Carjacking, aggravated sexual assault, leader of a drug trafficking network and homicide are the only other crimes where the prison term can be in excess of 20 years.

Kidnapping Lawyers in Franklin NJ

The Law Offices of Proetta & Oliver represents clients accused of not only kidnapping but other crimes robbery, burglary, trespassing, aggravated assault, resisting arrest, unlawful possession of a weapon and possession of a weapon for unlawful purpose as well. We serve all of Somerset and Hunterdon County, including towns like Raritan, South Bound Brook, Watchung, North Plainfield, Franklin, Manville, Bedminster, Warren, Union and Somerville. If you would like to come into our Bridgewater office and speak to one of our Somerset County criminal defense attorneys about our options then please contact us at 908-533-1064. As always, our initial consultations are free of costs. So, if you have any questions whatsoever, please do not hesitate to contact us.