Kidnapping Defense in New Jersey

Direct Attorney Review of the Facts Behind a Kidnapping Charge

Kidnapping allegations can arise from claimed removal, confinement, or both. Whether that conduct meets New Jersey’s statutory definition may depend on its alleged purpose, duration, and connection to another offense. Our attorneys personally review these fact-sensitive issues and develop a defense based on the specific accusation and available evidence.

If police want to question you or you’ve already been charged, don’t discuss the facts with investigators, witnesses, or other parties before obtaining case-specific legal advice. Preserve messages, documents, location data, and other potentially relevant information rather than deleting or altering it.

Call (732) 607-5553 for a free consultation with our New Jersey kidnapping defense attorneys.

How New Jersey Defines Kidnapping

N.J.S.A. 2C:13-1 addresses unlawful removal, unlawful confinement, or both when the conduct occurs for a purpose specified by the statute. The State must prove every required element beyond a reasonable doubt.

The statute identifies several forms and purposes of alleged kidnapping:

• Ransom, reward, shield, or hostage: Unlawfully removing or confining someone for one of these purposes.
• Another crime or flight: Removing someone from a residence or business, moving the person a substantial distance, or confining the person for a substantial period in isolation to facilitate an offense or escape afterward.
• Injury or terror: Engaging in qualifying removal or confinement to inflict bodily injury or terrorize the alleged victim or another person.
• Government interference: Using qualifying removal or confinement to interfere with a governmental or political function.
• Permanent loss of custody: Acting to permanently deprive a parent, guardian, or lawful custodian of custody.

The accusation’s label doesn’t establish that these elements are present. The distance, duration, location, alleged purpose, and surrounding conduct each require individual analysis.

First-Degree & Second-Degree Kidnapping Charges

Kidnapping is generally a first-degree crime in New Jersey, with a statutory prison term of 15 to 30 years. The sentence in any case depends on the charge, proven facts, applicable statutes, and court decisions.

N.J.S.A. 2C:13-1 provides a second-degree exception when the actor releases the alleged victim unharmed and in a safe place before apprehension. Release alone doesn’t make the exception automatic. The timing, the alleged victim’s condition, the safety of the location, and the circumstances of apprehension may all be disputed.

Separate provisions may apply when the alleged victim is under 16 and specified conduct occurs during the kidnapping. These allegations can affect grading and sentencing exposure, depending on the facts and charges.

The New Jersey Criminal Case Process

A serious criminal case may begin with an investigation, complaint, or arrest. Prosecutors may then present evidence to a grand jury, which decides whether the case should proceed by indictment. An indictment formally states the charge and essential allegations, but it isn’t a finding of guilt.

At arraignment, the defendant receives formal notice of the charges and enters a plea. The defense can then review criminal discovery, which may include police reports, digital records, and witness statements.

That evidence informs potential motions, factual challenges, negotiations, and trial preparation. The exact path through the New Jersey Superior Court depends on the charges, evidence, rulings, and whether the case is resolved before trial.

Key Defense Issues in a Kidnapping Case

The defense may challenge whether the State can prove the required purpose, qualifying movement, substantial confinement, or another statutory element. Purpose is often inferred from conduct, words, communications, and surrounding circumstances rather than established through a direct admission.

Important areas for investigation may include:

• Nature of the restraint: Whether the alleged movement or confinement satisfies the statute based on its distance, duration, location, and circumstances.
• Connection to another offense: Whether any restraint was independent of another alleged crime or merely incidental to it. Not every confinement constitutes kidnapping.
• Evidence of purpose: Whether witness accounts, messages, recordings, or physical evidence support the purpose alleged by prosecutors.
• Custody-related circumstances: Whether a statutory affirmative defense applies. An affirmative defense is a legally recognized basis for avoiding liability even when the State alleges that the underlying conduct occurred.

The statute includes affirmative defenses for certain custody-related situations, including a reasonable belief that action was necessary to protect a child from imminent danger, qualifying consent, and specified parental custody circumstances. Some defenses carry notice or court-action requirements, so their availability depends on the precise facts and statutory subsection.

When the evidence calls for additional investigation or analysis, we may collaborate with outside professionals such as private investigators and psychologists. Their involvement depends on the issues presented by the case.

Attorney-Led Criminal Defense Throughout New Jersey

Michael Brett Roberts and Matthew Teeter personally handle our cases rather than passing clients to paralegals or junior attorneys. We build each strategy through detailed evaluation and direct communication, giving clients access to the attorneys responsible for their defense.

Michael B. Roberts is a New Jersey Supreme Court Certified Criminal Trial Attorney, a designation awarded through the Supreme Court’s certification process. Matthew Teeter is a 2026 Super Lawyers Honoree. Both attorneys focus their practice on criminal defense rather than dividing their attention among unrelated areas of law.

Get Clarity on Your Kidnapping Charge

During a free consultation, we can review whether you’re under investigation or formally charged, what contact you’ve had with law enforcement, and whether you have an indictment or upcoming court date. Preserve and bring any complaint, court notice, or relevant communications that may help us evaluate the accusation. Until you receive advice tailored to your circumstances, don’t make a statement about the allegations or discuss them publicly.

Call (732) 607-5553 to arrange a free consultation with Roberts & Teeter, LLC.