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Lustberg Law Offices, LLC Protecting Your Freedom and Your Future.
A kidnapping charge in New Jersey carries some of the most severe penalties in the state’s criminal code. Under N.J.S.A. 2C:13-1, a first-degree kidnapping conviction can result in 15 to 30 years in state prison. The charge also falls under New Jersey’s No Early Release Act (NERA), which means you must serve at least 85% of your sentence before you become eligible for parole. But a charge is not a conviction, and the prosecution must prove every element of the offense beyond a reasonable doubt.
At Lustberg Law Offices, LLC, New Jersey kidnapping lawyer Adam M. Lustberg has handled serious criminal cases at every stage of the process, from arraignment through jury trial. Our team can evaluate the facts of your case and explain your options. We work to identify weaknesses in the prosecution’s case and develop a defense strategy tailored to your specific situation.
This guide covers how New Jersey defines kidnapping, the penalties for each degree of the offense, common defense strategies, related charges like criminal restraint and false imprisonment, and what to expect during the court process. Call Lustberg Law Offices at (201) 880-5311 for a free consultation.
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We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
New Jersey’s kidnapping statute is broader than most people expect. Under N.J.S.A. 2C:13-1, there are two categories of kidnapping.
The first involves holding someone for ransom, reward, or as a hostage. A person is guilty of kidnapping if they unlawfully remove another from the place where they are found, or unlawfully confine another person, with the purpose of holding that person for ransom, reward, or as a shield or hostage.
The second category is broader and covers situations where a person unlawfully removes someone from their residence or business, moves them a substantial distance, or confines them for a substantial period of time with any of the following purposes:
A removal or confinement is considered “unlawful” under the statute if it is accomplished by force, threat, or deception. This means kidnapping charges can arise from a wide range of situations beyond the stereotypical stranger abduction scenario. Adam M. Lustberg can review the specific facts of your case and identify which elements the prosecution must prove. Contact Lustberg Law Offices in Hackensack at (201) 880-5311.
Key Takeaway: Kidnapping charges may arise in situations beyond a stereotypical abduction, but the State still must prove unlawful removal or confinement as defined by the statute, along with the required criminal purpose. In some situations, the facts may support lesser charges such as criminal restraint or false imprisonment instead of kidnapping.
The penalties for kidnapping depend on the facts of the case and the grading of the offense. In New Jersey, kidnapping is graded as either a first-degree or second-degree crime.
Standard first-degree kidnapping carries a prison sentence of 15 to 30 years. This applies when the victim is not released unharmed and in a safe place before the defendant is apprehended.
When the victim is under 16 and, during the kidnapping, the actor commits a crime under N.J.S.A. 2C:14-2 or N.J.S.A. 2C:14-3(a), commits a crime under N.J.S.A. 2C:24-4(b), or sells or delivers the victim to another person for pecuniary gain, the sentence is either 25 years without parole eligibility or a term between 25 years and life, with parole eligibility only after 25 years.
If the defendant releases the victim unharmed and in a safe place before being apprehended, the charge is reduced to a second-degree crime. Second-degree kidnapping carries a sentence of 5 to 10 years in state prison.
| Degree | Circumstances | Prison Sentence | NERA (85% Minimum) |
|---|---|---|---|
| First Degree (Standard) | Victim not released unharmed before apprehension | 15 to 30 years | Yes |
| First Degree (Enhanced) | Victim under 16 and, during the kidnapping, the actor committed an enumerated sexual or child-endangerment offense, or sold/delivered the victim for pecuniary gain | 25 years without parole, or 25 years to life with parole eligibility after 25 years | Yes |
| Second Degree | Victim released unharmed in a safe place before apprehension | 5 to 10 years | Yes |
In addition to prison time, kidnapping convictions carry fines of up to $200,000 for first-degree offenses and up to $150,000 for second-degree offenses. A conviction also results in a permanent criminal record, which can affect employment, housing, and professional licensing.
Key Takeaway: First-degree kidnapping carries 15 to 30 years in state prison, and enhanced first-degree cases involving minors can result in 25 years to life. Even second-degree kidnapping carries 5 to 10 years. All kidnapping convictions are subject to the No Early Release Act, requiring a minimum of 85% time served before parole eligibility.
Contact our law office today at (201) 880-5311 to speak with our skilled expungement attorneys regarding having your criminal records expunged.
The No Early Release Act, or NERA (a provision within the sentencing guidelines under N.J.S.A. 2C:43-7.2), requires defendants convicted of certain violent crimes to serve at least 85% of their prison sentence before becoming eligible for parole. Kidnapping under N.J.S.A. 2C:13-1 is specifically listed as a NERA offense.
This means that a defendant sentenced to 20 years for first-degree kidnapping must serve a minimum of 17 years before parole consideration. NERA also imposes a mandatory period of parole supervision after release: five years for first-degree crimes and three years for second-degree crimes.
If the conviction remains for kidnapping under N.J.S.A. 2C:13-1, NERA applies by statute. However, a defense attorney may be able to negotiate a reduction to a lesser charge that does not carry NERA requirements. Lustberg Law Offices can evaluate whether this is a realistic option in your case. Call (201) 880-5311 to discuss your New Jersey kidnapping charges.
Key Takeaway: NERA requires anyone convicted of kidnapping in New Jersey to serve at least 85% of their sentence before parole eligibility. This makes the effective sentence significantly longer than the minimum term and makes a strong defense strategy critical from the outset.
Adam M. Lustberg graduated from Seton Hall University School of Law in 2004 and is admitted to practice in both New Jersey and New York. His career in criminal defense began while interning for the Essex County Public Defender’s Office as a first-year law student through Seton Hall’s Pro Bono Program. As a third-year student, he returned to the Public Defender’s Office through the Juvenile Justice Clinic and represented juveniles at initial proceedings.
Adam holds a 10 out of 10 Avvo rating, has been named to the SuperLawyers Rising Stars list for six consecutive years, was named one of Bergen’s Best Lawyers by (201) Magazine, and was named to The National Trial Lawyers Top 100 Trial Lawyers list. He is a member of the American Bar Association, the New Jersey State Bar Association, the Bergen County Bar Association, the Hudson County Bar Association, and the Association of Criminal Defense Lawyers of New Jersey.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
Kidnapping cases often depend on the specific facts and circumstances surrounding the alleged offense. Several defense strategies may apply depending on your situation:
Adam M. Lustberg has handled serious criminal cases in Bergen County courtrooms and understands how to challenge the prosecution’s evidence at every stage. Contact Lustberg Law Offices to discuss your defense options.
Key Takeaway: Defenses to kidnapping charges may include challenging the element of unlawful removal, disputing the required purpose, or raising affirmative defenses in parental cases. Reduction to a lesser charge, like criminal restraint or false imprisonment, can dramatically reduce potential penalties.
Kidnapping charges do not always involve strangers. Kidnapping allegations can arise in some custody disputes between parents, although many custody-related cases are charged instead under New Jersey’s interference-with-custody statute. Under N.J.S.A. 2C:13-1(b)(4), a person can be charged with kidnapping if they permanently deprive a parent, guardian, or other lawful custodian of custody of a child.
Custody-related accusations do not always fit the kidnapping statute. Under N.J.S.A. 2C:13-1(b)(4), kidnapping requires unlawful removal or confinement with the purpose of permanently depriving a lawful custodian of custody. Conduct such as concealing a child, interfering with parenting time, or violating a custody order is often charged instead under New Jersey’s interference-with-custody statute, N.J.S.A. 2C:13-4.
These charges can arise even when a parent acts with good intentions. A parent who refuses to return a child after a scheduled visit, conceals a child, or takes a child out of state during a custody dispute may face interference-with-custody charges and, in more serious circumstances, kidnapping allegations.
New Jersey law does provide affirmative defenses for parents accused of kidnapping their own children. A non-custodial parent can raise a defense by showing they reasonably believed the child was in imminent danger and notified law enforcement within 24 hours. A custodial parent can raise a similar defense by showing they reasonably believed they were fleeing imminent physical danger from the other parent and, as soon as reasonably practicable, either notified the proper authorities of the child’s location or commenced a custody action in an appropriate court.
Lustberg Law Offices has represented clients facing parental kidnapping allegations in New Jersey courts. Call (201) 880-5311 to discuss your situation.
Key Takeaway: Parental kidnapping charges can arise from custody disputes, even when a parent believes they are protecting their child. New Jersey law provides affirmative defenses for parents who act to protect a child from imminent danger, but strict notification requirements to law enforcement must be met.
New Jersey’s criminal code includes three related offenses that involve restricting another person’s freedom. Recognizing the differences is important because the penalties vary dramatically.
For false imprisonment, there is an affirmative defense when the restrained person was under 18 and the actor was a relative or legal guardian whose sole purpose was to assume control of the child. Criminal restraint contains a narrower affirmative defense under subsection (b), which concerns holding a person in a condition of involuntary servitude.
A strong defense strategy may involve seeking a reduction from kidnapping to one of these lesser charges. Adam M. Lustberg can assess whether this approach is viable in your case. Contact Lustberg Law Offices in Hackensack to schedule a consultation.
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Kidnapping is an indictable offense (equivalent to a felony) in New Jersey, which means it is handled in Superior Court rather than Municipal Court. The process typically follows these stages:
Adam M. Lustberg has argued on behalf of defendants at over 30 detention hearings under New Jersey’s criminal justice reform system and has represented clients in jury trials in Bergen County and throughout New Jersey. Call Lustberg Law Offices at (201) 880-5311 to learn more about how we can help you.
Key Takeaway: Kidnapping cases are handled in Superior Court and can involve detention hearings, grand jury indictment, discovery, motion practice, plea negotiations, and trial. Because the stakes are high and the penalties are severe, early case evaluation and thorough trial preparation are critical.
A kidnapping conviction affects far more than your immediate freedom. The long-term consequences can include:
The severity of these consequences underscores the importance of mounting a strong defense as early as possible. Lustberg Law Offices can evaluate your case and develop a defense strategy tailored to your situation. Contact the Hackensack office at (201) 880-5311.
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Prosecutors in kidnapping cases typically rely on several categories of evidence to build their case. Understanding what evidence may be used can help you and your attorney develop an effective defense strategy.
Common types of evidence include witness testimony from the alleged victim and bystanders, surveillance camera footage from businesses and public areas, cell phone location data and call records, forensic evidence such as DNA or fingerprints, vehicle tracking data from toll records or license plate readers, and digital communications, including text messages and social media posts.
Each type of evidence has potential vulnerabilities. Witness testimony can be inconsistent or unreliable. Surveillance footage may be unclear or fail to capture key moments. Cell phone data can be misinterpreted or may not accurately reflect a person’s location. Lustberg Law Offices reviews every piece of evidence in a kidnapping case to identify weaknesses in the prosecution’s theory. Call (201) 880-5311 for a free consultation.
Lustberg Law Offices, LLC represents clients facing kidnapping charges throughout New Jersey. Attorney Adam M. Lustberg regularly handles cases in Bergen County, Hudson County, Passaic County, and courts across the state. Our office is located at 1 University Plaza Dr #212, Hackensack, NJ 07601.
The Bergen County Superior Court at the Bergen County Justice Center in Hackensack handles indictable criminal matters, including kidnapping charges. Cases in neighboring counties are handled at the Hudson County Superior Court in Jersey City and the Passaic County Superior Court in Paterson.
A kidnapping charge can upend your life and threaten your freedom for decades. The penalties are severe, the NERA requirements are mandatory, and prosecutors treat these cases with maximum seriousness. You need an attorney who has handled serious criminal cases at every level of the New Jersey court system.
Adam M. Lustberg has represented clients charged with offenses ranging from simple possession to homicide in courts throughout New Jersey and New York. Attorney Lustberg has been included in the SuperLawyers Rising Stars list for six consecutive years and was named one of Bergen’s Best Lawyers by (201) Magazine.
Call Lustberg Law Offices, LLC at (201) 880-5311 to schedule a free consultation. Our Hackensack office is located at 1 University Plaza Dr #212, Hackensack, NJ 07601, and serves clients throughout Bergen County, New Jersey.
One of the best criminal attorneys. He cares about his clients and he is very knowledgeable /experienced. Not like Johnathan Marshall, they are out there for the money only.
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Kidnapping under N.J.S.A. 2C:13-1 is the unlawful removal or confinement of another person for purposes such as holding them for ransom, facilitating another crime, inflicting bodily injury, terrorizing the victim, or depriving a parent of custody. A removal or confinement is unlawful if accomplished by force, threat, or deception.
First-degree kidnapping carries 15 to 30 years in prison and applies when the victim is not released unharmed before the defendant is apprehended. Second-degree kidnapping applies when the victim is released unharmed in a safe place before apprehension and carries 5 to 10 years.
Yes. Kidnapping is listed as a NERA offense under N.J.S.A. 2C:43-7.2. This means a convicted defendant must serve at least 85% of their sentence before becoming eligible for parole, followed by a mandatory period of parole supervision.
Yes. Under N.J.S.A. 2C:13-1(b)(4), a person can be charged with kidnapping for permanently depriving a parent or guardian of custody. This commonly arises in custody disputes where one parent takes or conceals a child in violation of a court order.
Defenses may include challenging the element of unlawful removal or confinement, disputing the required criminal purpose, raising affirmative defenses in parental cases, or seeking reduction to a lesser included offense such as criminal restraint or false imprisonment.
Kidnapping requires proof of unlawful removal or confinement with a specific criminal purpose and is a first- or second-degree crime. Criminal restraint under N.J.S.A. 2C:13-2 involves unlawful restraint exposing the victim to risk of serious bodily injury and is a third-degree crime carrying 3 to 5 years.
Exercise your right to remain silent and request an attorney immediately. Do not make any statements to the police without legal representation present. Contact a criminal defense attorney as soon as possible to begin building your defense before the initial detention hearing.
Legal fees vary based on the difficulty of the case, the degree of the charge, and whether the case goes to trial. Adam M. Lustberg of Lustberg Law Offices offers free initial consultations to evaluate your case and discuss your options. Call (201) 880-5311.