Kidnapping in New Jersey: It’s Not Just Someone Being Snatched Off the Street
When most people hear the word kidnapping, they think of a dramatic scenario where a stranger snatches a child or adult off a public street. In reality, New Jersey kidnapping laws are much broader, and much more commonly charged, than the stereotype suggests.
At Rigden Lieberman Mignogna, PA, our South Jersey criminal defense attorney, Alexandra Rigden, regularly see kidnapping charges arise out of domestic disputes, custody conflicts, and even situations where it doesn’t seem a “kidnapping” occurred at all. If you or a loved one is facing this charge in Burlington County, Camden County, Gloucester County, or anywhere in South Jersey, understanding how New Jersey defines kidnapping is critical.
It is important to note that kidnapping is considered an extremely serious criminal offense, with a presumption of state imprisonment.
How New Jersey Defines Kidnapping
Under New Jersey law, kidnapping does not require a ransom demand or a stranger abduction. A person can be charged if the State alleges that someone:
- Unlawfully removed another person a substantial distance, or Unlawfully confined another person for a substantial period of time for the purpose of facilitating a crime or fleeing from a crime, inflicting bodily injury to a victim, permanently depriving a parent of custody, and other circumstances.
Key Point:
You do not need ropes, handcuffs, or a secret location for the charge to apply.
Situations That Commonly Lead to Kidnapping Charges
Many kidnapping cases arise from situations people never expect could lead to such a serious accusation.
1. Domestic and Relationship Disputes
Arguments between spouses, partners, or ex-partners can escalate quickly. For example, a romantic partner holds someone and refuses to let them go, the State could charge kidnapping.
2. Custody and Parenting Conflicts
Parents are often shocked to learn that taking a child or refusing to return a child during a dispute can lead to kidnapping or related charges, even when there is a biological relationship involved. Court orders, custody rights, and intent all matter.
3. Car Incidents and “You’re Not Getting Out” Situations
A common scenario involves an argument in a vehicle where one person wants to exit and the other keeps driving. Even a short drive can be characterized as unlawful removal / confinement depending on the circumstances.
4. Party, Friend, or Acquaintance Disputes
Kidnapping charges sometimes stem from fights among friends where one person restrains another, locks them in a room, or prevents them from leaving during an argument.
Kidnapping Can Be a First-Degree Crime in New Jersey
Kidnapping is among the most serious criminal charges in the state. A conviction can carry:
- Decades in state prison
- Mandatory parole ineligibility
- Long-term consequences affecting employment, housing, and family rights
Even when charges are reduced or downgraded, the initial accusation alone can be life-altering.
Intent Matters—and So Does Context
One of the most important aspects of defending a kidnapping charge is context. Prosecutors often rely heavily on:
- Statements made during emotional or chaotic moments
- One-sided narratives captured after police arrive
- Assumptions about intent that don’t reflect what actually happened
Our job as defense attorneys is to challenge whether there was:
- Unlawful restraint
- Substantial movement or confinement
- The specific intent required by law
Many cases hinge on seconds, words, and circumstances—not dramatic criminal plans.
Why Early Legal Representation Is Critical
Because kidnapping charges escalate quickly, early intervention by an experienced criminal defense attorney can make a profound difference. From challenging probable cause to negotiating charge reductions or preparing for trial, these cases demand strategic, aggressive defense. If the State has a strong case for kidnapping, there are lesser included offenses such as criminal restraint and false imprisonment that may offer a client a better outcome than a kidnapping conviction.
At Rigden Lieberman Mignogna, PA, Alexandra K. Rigden represent clients throughout Burlington County and South Jersey for serious indictable offenses (often called “felonies” in other states). She understands how prosecutors charge these cases—and how to fight back when the facts don’t support the accusation.
Charged With Kidnapping in South Jersey?
If you or someone you care about is facing a kidnapping charge, do not assume the situation will “sort itself out.” These cases require immediate legal analysis and a defense tailored to the specific facts.