TV and movies would have us believe that kidnapping involves one of the following scenarios:
- A pedophile lures a child into his car
- A serial killer snatches a woman off the street to assault and kill
- A criminal abducts a wealthy person’s family member and holds him or her for ransom
All of those actions are kidnapping. New Jersey law states that 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.”
What Kidnapping Really Looks Like
In reality, most kidnapping charges in New Jersey do not involve a bound and gagged victim who is thrown in the trunk of a car. Kidnapping more frequently involves holding another person even briefly in order to facilitate the commission of another crime or to get away thereafter.
Kidnapping would likely be charged in these situations:
- Someone takes another person to an ATM and forces him or her at gunpoint to withdraw cash
- A man holds a woman down, locks the door, or otherwise prevents her from leaving during an assault or sexual assault
- A burglar ties up a homeowner while he takes valuables and flees
- A mugger robs a person at gun point and runs away after the victim hands over his phone, watch, and wallet
At the Davis Law Firm, we have a record of success in defending clients charged with kidnapping and other New Jersey state crimes. In most cases, kidnapping is not a stand-alone charge. It is added to other, primary charges, such as burglary, assault, sexual assault, or robbery.
Easy to Charge, Difficult to Defend
The state is quick to add kidnapping to other charges because it is easy to get an indictment for kidnapping. There is a low standard of proof for getting a grand jury to issue such an indictment. Only prima facie proof is required. That is, the allegations are accepted as true until proven otherwise.
Prosecutors add kidnapping to underlying charges because it has serious consequences. Kidnapping enhances the penalties for conviction on the underlying charge.
Kidnapping charges must be carefully and vigorously defended, often at trial. The state will rarely drop kidnapping charges in pre-trial negotiations or through a motion to dismiss.
Hire a Trial Lawyer for Kidnapping Charges
If you are facing kidnapping charges, you not only need an experienced criminal defense attorney, you need a skilled and successful trial lawyer. You should not settle for a lawyer who always settles cases outside of court, or an attorney who just cashes your check and pleads you out. You need an attorney who can win a case in front of a judge and jury.
Attorney Mark G. Davis has long record of success at trial. He is a qualified, confident litigator who knows how to raise reasonable doubt in the minds of jurors. If you are facing the power of the government on charges as serious as kidnapping, you need a defense attorney you can trust with your life. No matter how bad your chances appear, you can count on Mr. Davis.
To arrange a free consultation about your case, please call or contact us online soon as possible.
From offices in Hamilton, trial attorney Mark G. Davis represents clients charged with kidnapping throughout New Jersey.
Spanish interpreter available — Hablamos español