When someone interferes with another person’s liberty or takes or confines them to commit a crime against or with them, the offender may face charges of false imprisonment or kidnapping. By understanding the differences between kidnapping vs. false imprisonment, you can better prepare and pursue a defense strategy for a favorable outcome to your criminal charges.
Legal Definition of Kidnapping
Under New Jersey law, a person commits the crime of kidnapping if they:
- Unlawfully take or confine someone to hold them for ransom or reward or as a hostage or shield
- Unlawfully take someone from their residence or business or a substantial distance away from the place where they found the person
- Unlawfully confine someone for a substantial period with the intent to:
- Facilitate a crime or flight afterward
- Injure or terrorize the person or others
- Interfere with a governmental or political function
- Permanently deprive a parent, guardian, or other lawful custodian of custody
The law defines unlawful removal or confinement as an act accomplished by force, threat, or deception – or in the case of a victim under 14 or an incompetent adult, without the consent of the victim’s parent, guardian, or other person responsible for the victim’s welfare.
By default, the law grades kidnapping as a first-degree crime, which imposes a penalty of 15 to 30 years in prison and up to a $200,000 fine. However, if the defendant released the victim unharmed and in a safe place before they were caught, the law downgrades the offense to a second-degree crime with a shorter prison term of 5 to 10 years and lesser fine of up to $150,000.
The law automatically makes kidnapping a first-degree crime if the victim is under 16 and, during the kidnapping, the defendant:
- Commits an offense against the victim of sexual assault, criminal sexual contact, or endangering the welfare of a child
- Sells or delivers the victim for financial gain other than in circumstances that lead to the victim’s return to their parent, guardian, or legal custodian
In these circumstances, a convicted defendant may face a sentence of 25 years in prison without parole or 25 years to life with 25 years of parole ineligibility. The law also makes the sentence consecutive to a sentence for the criminal homicide of the victim.
The penalties for kidnapping are made even more severe by The No Early Release Act (“NERA”). This law makes anyone convicted of kidnapping ineligible for parole until they serve at least 85 percent of their sentence.
If kidnapping occurs over state lines, more serious federal charges apply.
Legal Definition of False Imprisonment in New Jersey
In New Jersey, a person commits the crime of false imprisonment if they knowingly restrain someone unlawfully by substantially interfering with that person’s liberty. The law grades false imprisonment as a disorderly persons offense, which carries a penalty of up to six months in jail and a potential fine of up to $1,000.
Key Differences Between Kidnapping and False Imprisonment
Although both false imprisonment and kidnapping involve interfering with a person’s free movement, the two crimes have significant differences. First, kidnapping involves taking a person away from where the offender found them or from their residence or business. If the offender does not move the person, it involves using them as a shield or hostage or holding them for ransom or reward.
Conversely, false imprisonment occurs when an offender merely confines someone in a place against their will or otherwise prevents them from freely leaving a place. However, unlawful confinement can rise to the level of kidnapping when an offender confines the person for specific unlawful purposes, such as to commit a crime, flee from the scene of a crime, interfere with governmental or political functions, injure or terrorize the victim, or interfere with custody rights.
New Jersey law treats kidnapping as a far more serious criminal offense, grading it as either a first- or second-degree crime (the equivalent of a felony in other jurisdictions). On the other hand, New Jersey grades false imprisonment as a disorderly persons offense (the equivalent of a misdemeanor).
Defense Strategies for False Imprisonment and Kidnapping Charges
The law recognizes several defenses to kidnapping and false imprisonment charges. For example, a defendant may assert several affirmative defenses against a kidnapping charge, such as:
- The defendant reasonably believed they needed to act to protect the victim from imminent danger.
- The defendant reasonably believed that the victim’s parent, guardian, or custodian consented to the defendant’s conduct.
- The defendant took or concealed their child over 14 with the child’s consent and without the intent to commit a criminal offense against or with the child.
- The defendant reasonably believed they were fleeing from imminent danger with their child from the other parent.
A defendant may also assert an affirmative defense to a false imprisonment charge by arguing that they were the relative or legal guardian of the minor victim and acted solely to assume control of the child.
Even if one of these affirmative defenses doesn’t apply to your situation, a New Jersey criminal defense lawyer can attempt to have your charges reduced or dismissed using other defense strategies. For example, they may argue that the alleged victim gave their consent, you didn’t have the required intent, or there is not enough evidence to support a conviction.
Call Our Experienced New Jersey Criminal Defense Attorneys for Help
Have the police arrested and charged you with false imprisonment or kidnapping? If so, you deserve experienced legal guidance and advocacy to protect your interests. Our attorneys have over 200 years of combined legal experience and a proven track record of helping clients pursue favorable resolutions of their criminal charges. As our client Phil said of our firm:
“I hired Jonathan and his firm to defend my son’s criminal case. Other attorneys had painted a very negative picture of the likelihood of his going to jail for a long time. Jonathan clearly knew his way around the court system. It was very comforting to see how well respected and known he was to both the judge and prosecutor. The outcome was better than I anticipated and my son avoided jail with a period of probation. I would never think of going to another lawyer after our experience with Jonathan. I highly recommend his services.”
Contact the Law Offices of Jonathan F. Marshall today for a free, confidential consultation with a skilled criminal defense lawyer to learn how we will fight for your rights, reputation, and future.
