Seasoned criminal defense attorneys defending kidnapping charges in Red Bank, Freehold, Howell, Manalapan, and Monmouth County towns

Americans have been isolated now more than ever before in recent history, making it harder for people suffering from domestic violence or elder abuse situations to reach out to people or services for help. Even recent high profile rescues of missing teens have raised social media awareness of how to recognize the “Signal for Help” if you believe someone may have been kidnapped or is in distress, and to safely check in with the person to find out what they need and want you to do. Being more mindful of the situations around us and the people we may tangentially encounter in our daily activities may reduce the risk of abuse, prevent potential kidnappings, or save a life.

Recent data suggests that kidnapping in New Jersey is slightly higher than the average US state. Even among the 63 New Jersey children currently listed in the National Center for Missing & Exploited Children (NCMEC) database, 14 of those went missing in 2020 or 2021. While one-fourth of at least 200,000 cases in this database is believed to be parental or family abduction, it is also thought that a majority of these abducted children were taken by someone they knew. Though custodial kidnapping, parental abduction, or criminal interference of a child that stems from the high emotions of divorce or a domestic violence situation are pretty common, the consequences and penalties are severe and can include jail time. A conviction would impact, not only one’s future, but that of their family as well.

Ordinarily classified as a first-degree criminal offense, kidnapping consists of unlawfully taking someone by force or coercion, without their consent, and removing them from the area where they were.  If you or a loved one has been charged with kidnapping in Neptune, Asbury Park, Holmdel, Freehold, Monmouth County or elsewhere in New Jersey, regardless of the circumstances, contact our experienced criminal defense attorneys for help. At Chamlin, Uliano & Walsh, our talented team of attorneys has experience defending clients who have been charged with violent and threat offenses such as kidnapping, criminal restraint, and false imprisonment, which has equipped us with a unique skillset necessary to combat the State’s case against our clients.

To schedule a confidential consultation, contact us online or call our West Long Branch office today at (732) 440-3950 or toll-free at (888) 328-9131.

NJSA 2C:13-1: Understanding New Jersey’s Kidnapping Statute

Considered a violent crime, kidnapping is divided into two categories:

• unlawfully confining another with the purpose of holding for ransom, reward, as a shield, or as a hostage
• unlawfully holding someone for other purposes, removing them from their place of residence, business, or a substantial distance from the vicinity where they are found, for a substantial period with the following purposes in mind:
  • To facilitate the commission of any crime or flight thereafter;
  • To inflict bodily injury on or to terrorize the victim or another;
  • To interfere with the performance of any governmental or political function; or
  • To permanently deprive a parent, guardian, or another lawful custodian of custody of the victim.

If you are ever suspected of kidnapping, even if you are never charged, the social stigma can negatively impact any future job, relationship, and educational opportunities you could have. To help you mount an effective defense, contact a knowledgeable criminal defense attorney who will eagerly speak with you about your case and help you understand your legal options.

What is the Grade of a Kidnapping Offense in New Jersey?

Although kidnapping is graded as a crime of the first degree in the majority of cases, with elements of taking, confinement, restraint, movement of the victim, as well as subjecting them to force or threats, and emotional harm, the charge can be classified as a second-degree offense if the victim is released unharmed and in a safe place before the accused kidnapper being taken into custody.

Typical Penalties After a Kidnapping Conviction in New Jersey

If convicted of kidnapping in the following:

First degree:

• 15-30 years in a NJ State Penitentiary
• Increases to 25 to life if the victim is younger than 16 years of age and a sexual assault or contact is committed, or the victim is used in pornographic content, or the alleged kidnapper delivers or sells the victim for financial gain
• up to $200,000 fine.

Second degree:

• 5-10 years NJ State Prison
• $150,000 fine

As a violent indictable offense, New Jersey State Prosecutors also have the No Early Release Act (NERA) on their side when securing a conviction for kidnapping, so anyone convicted of such a crime will have to serve at least 85% of their sentence before becoming eligible for parole.

Lesser charges related to kidnapping are the crimes of criminal restraint and false imprisonment, but both also carry significant penalties punishable by up to 6 months in the county jail or 3–5 years in state prison if the restraint put the victim in danger.

Contact Monmouth County NJ Kidnapping Lawyers Today

Kidnapping and criminal restraint are serious crimes to be charged with in Monmouth County or anywhere else in New Jersey. Effective and skilled legal representation can mean the difference between a conviction, dismissal, or a charge reduction. The criminal defense attorneys at Chamlin, Uliano & Walsh know this and will aggressively fight to protect your rights and those of your loved one.

At Chamlin, Uliano & Walsh, we are patient, dedicated, and fervent legal advocates for our clients in Freehold, Asbury Park, Manasquan, Lake Como, Long Branch, Belmar, Holmdel, Point Pleasant, and Toms River. Each situation is unique, and our criminal defense legal team will give your case the special attention it deserves and devise a defense strategy that serves your best interests.

Contact us online or call our office today at (732) 440-3950 or toll-free at (888) 328-9131  for a confidential consultation.