New Jersey Kidnapping Lawyer Adam M. Lustberg Outlines the Penalties and Defense Strategies Under N.J.S.A. 2C:13-1

HACKENSACK, NJ - A kidnapping charge in New Jersey carries some of the most severe penalties in the state's criminal code, including potential sentences of 15 to 30 years for a first-degree conviction and mandatory parole-eligibility limits under the No Early Release Act. New Jersey kidnapping lawyer Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/nj-kidnapping-lawyer/) has released a guide explaining how the state defines kidnapping, what penalties apply, and what defense strategies may be available.

According to New Jersey kidnapping lawyer Adam M. Lustberg, the kidnapping statute at N.J.S.A. 2C:13-1 is broader than most people expect. The first category covers unlawfully removing or confining another person to hold them for ransom, reward, or as a shield or hostage. The second category covers unlawful removal from a residence or business, movement a substantial distance, or confinement for a substantial period with one of several specific purposes, including facilitating another crime, inflicting bodily injury, terrorizing the victim, interfering with a governmental function, or permanently depriving a parent or guardian of custody.

New Jersey kidnapping lawyer Adam M. Lustberg notes that a removal or confinement is "unlawful" under the statute when accomplished by force, threat, or deception. "Charges can arise from situations that bear little resemblance to the stereotypical abduction scenario," Lustberg explains. "That's why a careful review of what actually happened and what the state must prove is the first step in any defense."

Standard first-degree kidnapping is punished by 15 to 30 years in state prison and applies when the victim is not released unharmed and in a safe place before the defendant is apprehended. Enhanced first-degree kidnapping applies when the victim is under 16 and the actor commits an enumerated serious offense against the minor 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. Second-degree kidnapping carries 5 to 10 years and applies when the victim is released unharmed and in a safe place before apprehension.

Attorney Lustberg emphasizes that kidnapping is listed as a NERA offense under N.J.S.A. 2C:43-7.2. Anyone convicted must serve at least 85 percent of the sentence before parole eligibility, followed by a mandatory parole supervision period of five years for first-degree convictions and three years for second-degree convictions. "NERA significantly extends the effective sentence and is one of the strongest reasons to evaluate every possible defense and every possible reduction at the outset," Lustberg notes.

Defense strategies depend on the facts. Challenging the element of unlawful removal or confinement, disputing the substantial-distance or substantial-period requirement, and negating the required purpose are all common approaches. The statute provides specific affirmative defenses for parental cases: a non-custodial parent may raise a defense by showing they reasonably believed the child was in imminent danger and notified law enforcement within 24 hours, while a custodial parent may raise a defense by showing they reasonably believed they were fleeing imminent physical danger from the other parent and acted as soon as reasonably practicable to notify the proper authorities or commence a custody action.

Reduction to a lesser included offense is another important strategy. Criminal restraint under N.J.S.A. 2C:13-2 is a third-degree crime carrying 3 to 5 years and applies when a person unlawfully restrains another in circumstances exposing the victim to a risk of serious bodily injury. False imprisonment under N.J.S.A. 2C:13-3 is a disorderly persons offense carrying up to 6 months in jail. Custody-related accusations are often charged instead under New Jersey's interference-with-custody statute at N.J.S.A. 2C:13-4 rather than as kidnapping.

The Hackensack-based firm regularly handles indictable matters in Bergen County Superior Court at the Bergen County Justice Center, with additional case work in neighboring counties. The criminal court process for a kidnapping charge typically includes an initial detention hearing under New Jersey's Criminal Justice Reform Act, grand jury indictment, arraignment, discovery and pretrial motions, and either plea negotiations or trial.

A kidnapping conviction also carries long-term consequences beyond incarceration, including a permanent criminal record, employment and licensing barriers, housing restrictions, loss of firearms rights under both state and federal law, possible immigration consequences for non-citizens, and impact on custody and parenting time in family court. "The stakes call for a defense built on the facts of the case, not assumptions," Lustberg adds.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based criminal defense firm representing clients facing indictable and disorderly persons offenses throughout New Jersey. Led by attorney Adam M. Lustberg, the firm handles kidnapping and related charges in Bergen County, Hudson County, Passaic County, and other jurisdictions across the state. The office is located at 1 University Plaza Dr #212, Hackensack, NJ 07601. For consultations, call (201) 880-5311.

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Email: alustberg@lustberglaw.com

Website: https://www.lustberglaw.com/

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Phone: (201) 880-5311
Address:1 University Plaza Dr #212
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