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New Jersey Hindering Apprehension or Prosecution Offenses

“The penalties you face for hindering a police investigation or prosecution can be successfully avoided with a solid defense.”

NJ hindering apprehension or prosecution charges 2C:29-3Being arrested can be devastating in many ways, but there is almost always one sure way to make any arrest and its subsequent consequences much worse: providing false information to a police officer, destroying evidence, or otherwise attempting to hinder or prevent your own arrest. Many people do attempt to conceal their identity or deceive the police after their crime has been discovered and others are simply falsely accused of trying to hide information that they never had in the first place. If you are facing charges for hindering apprehension or prosecution in New Jersey, it is vital to consult with a knowledgeable criminal defense lawyer who can examine the circumstances of your case and devise the best defense strategy.

Travis J. Tormey is an experienced criminal defense attorney who serves on behalf of clients facing a vast array of criminal charges in New Jersey courts. Having represented clients in such a wide variety of cases, Mr. Tormey has specifically formulated tactics to combat charges such as aggravated assault, resisting arrest, obstruction of law, and hindering apprehension or prosecution. With conveniently located offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, the criminal lawyers at The Tormey Law Firm appear in courts throughout New Jersey, including in Bergen County, Morris County, Essex County, Monmouth County, and Middlesex County. Our practice concentrates on criminal law, making us a go-to resource for individuals who have been arrested and others looking for information about penalties and best defending a criminal case.  In fact, Mr. Tormey has been cited as a legal resource in a number of publications, including The Daily Record and The Bergen Record, as well as the AOL News. If you are charged with hindering, feel free to contact our office at (201) 556-1570 for a free legal consultation.

Hindering Apprehension or Prosecution Charges NJ 

New Jersey law, specifically NJSA 2C:29-3 prohibits any individual from hindering or attempting to interfere with, or prevent, the apprehension or prosecution (or capture and arrest) of either yourself or someone else. Turning first to the apprehension of someone else, you may be convicted of this offense if you help a person hide from the police or conceal them. You may also be convicted for offering aid to a person who is trying to avoid apprehension, including by giving them weapons, money, or transportation. You may further be convicted if you destroy, tamper with, or conceal evidence of a crime. You may also be convicted if you warn someone that they are about to be apprehended, or arrested, or if you use force, intimidation, or threats to avoid apprehension.

Providing false information to law enforcement can also result in a conviction for this offense, as can assisting a person in retrieving profits or other proceeds of criminal activity. You can be convicted of a hindering crime regardless of whether you are helping a family member or close friend. You may also be convicted for hindering your own apprehension or prosecution if you destroy, tamper with, or conceal evidence of a crime you committed, use force or intimidation to prevent your own apprehension or prosecution, use force or intimidation to interfere with witnesses or informants, or give false information to a police officer. One of the most common scenarios that gives rise to hindering apprehension charges is a person giving a false name or someone else’s name to a police officer during a traffic stop, for example.

Hindering Apprehension or Prosecution: Potential Penalties

Charges for hindering apprehension or prosecution can be classified as second, third, or fourth degree crimes, or disorderly persons offenses, depending on the circumstances of the specific case. Using force to avoid apprehension or prosecution can result in a second degree crime conviction that carries up to ten years in prison and over $100,000 in fines. Providing false information or taking some of the other steps outlined above that do not involve the use of force can result in third or fourth degree criminal charges, which can carry penalties of up to five years in prison and tens of thousands of dollars in fines. In the mildest cases of hindering or apprehending, you may be charged with a disorderly persons offense similar to misdemeanors in other states. This offense will normally only carry months, not years, of jail time, and a fine of up to $1,000. Here is a useful list of possible punishments for NJ hindering charges:

  • Second degree hindering apprehension: punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison. In addition, a conviction for a second degree crime entails a presumption of incarceration, which may result in a mandatory prison term even for a defendant with no prior criminal record.
  • Third degree crime of hindering: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison. These charges include a presumption of non-incarceration, which means that defendants with no existing criminal history may be eligible for probation in lieu of a prison sentence.
  • Fourth degree hindering offense: carries a prison term of up to 18 months and a maximum fine of $10,000. Also entails a presumption against incarceration for first time offenders.
  • Disorderly persons hindering charge: punishable by a maximum sentence of 6 months to be served in the county jail of the municipality in which the offense was committed.

Lawyer for NJ Hindering Apprehension Case

If you or someone you love has been charged with Hindering Apprehension or Prosecution, contact the Tormey Law Firm, LLC to today to consult with a skilled criminal defense lawyer about your case: (201)-556-1570. With an experienced criminal attorney serving on your behalf, you are positioning yourself to ensure the best possible result.

NJ Criminal Statute 2C:29-3 Hindering apprehension or prosecution.

a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

(1) Harbors or conceals the other;

(2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

(3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

(5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

(7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor.

An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided who is the victim of the offense, in which case the offense is a crime of the fourth degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

(1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor.

An offense under paragraph (3) of subsection b. of this section is a crime of the second degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

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With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

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Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

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