New Jersey Domestic Violence Lawyer for Individuals Facing Kidnapping Charges
In New Jersey, kidnapping is a serious offense that can be prosecuted as a crime of the first or second degree. In the most-severe cases, defendants can face 25 years to life in prison, with a mandatory 25-year sentence prior to becoming eligible for parole, and, in some instances, parole supervision for life.
Under New Jersey’s Prevention of Domestic Violence Act (PDVA), kidnapping can also be a form of domestic violence. This means that in addition to fines and prison time, individuals who are found to have committed an act of kidnapping can face additional penalties under the PDVA including the imposition of a domestic violence restraining order. These are severe consequences that can impact everything from where you can live to how successful you can be in finding a job, and, as a result, your conviction can play a daily role in your life long after you are released from prison.
At The Gorman Law Firm, we provide strategic legal representation for individuals facing domestic violence kidnapping charges in New Jersey. Led by Essex County and Morristown defense lawyer Scott Gorman, our firm is well-known for its aggressive representation of criminal defendants in state court. If you have been charged with kidnapping, you need to do everything possible to protect yourself. This starts with putting an experienced defense team on your side.
Domestic Violence Kidnapping Explained
The Prevention of Domestic Violence Act imposes additional penalties for certain crimes committed against the perpetrator’s a spouse, former spouse, boyfriend or girlfriend, a parent of a shared child, or another member of the alleged perpetrator’s household. These crimes include kidnapping under Section 2C:13-1 of the New Jersey Code of Criminal Justice. Section 2C:13-1 defines two separate kidnapping offenses:
- “Holding for ransom, reward, or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.
- “Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period . . . (1) To facilitate commission of any crime or flight thereafter; (2) To inflict bodily injury on or to terrorize the victim or another; . . . or (4) To permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.”
In both cases, kidnapping is a first-degree indictable offense unless the perpetrator, “releases the victim unharmed and in a safe place prior to apprehension.” In this case, kidnapping is a second-degree offense. But, with even second-degree kidnapping offenses carrying a minimum prison sentence of five years and up to a $150,000 fine (plus the additional penalties for domestic violence under the PDVA), all domestic kidnapping charges have the potential to lead to life-changing consequences.
Speak With New Jersey Domestic Violence Lawyer Scott Gorman
If you are facing domestic violence kidnapping charges in New Jersey, you need to seek experienced legal representation immediately. To discuss your case with attorney Scott Gorman in confidence, please call (201) 489-9199 or inquire online now.