Monmouth County Kidnapping Lawyer
Also Defending Clients in Middlesex County and Across New Jersey
Facing criminal charges of any kind can be scary. The full weight of the District Attorney’s office presses upon defendants who usually don’t have the same kind of resources the state has. When the charge is kidnapping, the consequences can include a long prison sentence. Defendants need a lawyer who can help level the playing field and give them the fair defense they are entitled to under the U.S. Constitution. Law Offices of Carlos Diaz-Cobo has been delivering full-throated advocacy for defendants in Monmouth County and beyond since 2006. We’ve earned a lot of good reviews over the years, and we’re ready to help you, too.
Call (848) 207-2709 today. As one of the few Latino criminal defense lawyers, Attorney Diaz-Cobo serves both Spanish-speaking and English-speaking clients.
Understanding Kidnapping Charges in New Jersey
Kidnapping, as defined in New Jersey law under N.J.S.A. 2C:13-1, involves unlawfully removing or confining another person. It will typically involve an intent to hold the victim for ransom, use them as a shield or hostage, facilitate a crime, or interfere with a government function. The law also includes instances where someone is confined to inflict bodily harm, intimidate, or permanently deprive a legal guardian of custody rights.
To prove a kidnapping charge, the Prosecutor’s office must establish that the accused knowingly removed or confined the alleged victim without their consent and that this act served one of the unlawful purposes noted above.
Kidnapping needs to be distinguished from related offenses, which carry similar but distinct elements:
- False imprisonment involves unlawfully confining another person but lacks the malicious intent or additional purposes seen in kidnapping cases.
- Custodial interference is another related offense. This occurs when a parent or guardian unlawfully takes or detains a child to obstruct custody arrangements.
While serious, these cases often involve mitigating circumstances or disputes over intent and are not kidnapping in the strict legal sense of the word.
Accusations of kidnapping demand nuanced legal scrutiny. Attorney Diaz-Cobo and our dedicated team can provide in-depth guidance to address if and how these complexities apply to your case.
Penalties for Kidnapping in New Jersey
A standard first-degree kidnapping conviction in New Jersey is punishable by 15 to 30 years in prison. Additionally, fines imposed for a kidnapping conviction can reach up to $250,000. Beyond imprisonment and fines, there are long-term collateral consequences, including damaged reputations, loss of employment opportunities, and a permanent criminal record.
Certain aggravating factors can intensify the severity of kidnapping charges, leading to harsher penalties. These include cases where the alleged victim was under the age of 16, was sexually assaulted, or their welfare was otherwise endangered. Enhanced penalties may apply if the victim was sold to someone else (trafficking), transported across state lines, or harmed in any way.
The stakes in a kidnapping case are high, and these penalties underscore the importance of mounting a robust and well-crafted defense to counter the prosecution’s case. That’s what we do at the Law Offices of Carlos Diaz-Cobo.
When facing serious criminal charges, you need a relentless, trial-ready defense. As a Certified Criminal Trial Lawyer and award-winning attorney, Carlos Diaz-Cobo has the experience, reputation, and courtroom skill to fight for the best outcome in your case.
Common Defenses Against Kidnapping Charges
Being accused of kidnapping is a serious matter, but it’s important to remember that strong legal defenses exist. Depending on the circumstances of the case, several defense strategies can be used to challenge the charges.
One of the central aspects of many kidnapping cases is the issue of intent. The prosecution must prove that the accused deliberately acted with the intent to unlawfully remove or confine the victim for specific purposes, such as ransom or harm. If the defense can demonstrate a lack of intent--for example, in situations where the actions were misunderstood or not meant to confine someone unlawfully—this can weaken the prosecution’s case.
Another common defense is the presence of consent. If the alleged victim willingly accompanied the accused or agreed to certain actions, the charge of kidnapping may not hold. This is especially relevant in cases where relationships, misunderstandings, or miscommunications play a role. Proving consent can dismantle the argument that the act was coercive or unlawful.
