Hindering Apprehension or Prosecution
Monmouth County Hindering Lawyer
By its very nature, hindering someone’s apprehension is something that the prosecution takes very seriously. Most hindering charges in New Jersey stem from a split second decision when confronted by law enforcement. Unfortunately, that split second decision can turn into absolute nightmare. As you will see below, hindering can either be considered a disorderly persons offense (misdemeanor) or an indictable offense (felony). So, if convicted, a Defendant could be facing up to a decade behind bars and a fine reaching $150,000. If you have been charged with hindering, obstruction the administration of justice, eluding, disorderly conduct, resisting arrest or any other criminal offense for that matter in Monmouth County, the Law Offices of Proetta & Oliver can help. Our lawyers have been defending those accused of crimes in courts throughout the County, including the Middletown Municipal Court, the Holmdel Municipal Court, the Monmouth County Superior Court, the Belmar Municipal Court, the Wall Municipal Court and the Asbury Park Municipal Court. If you would like to set up a free initial consultations with one of our lawyers, then please contact our Middletown office at 732.858.6959. Please do not take these charges lightly. Based on the nature of the charges, the prosecution may seek to detain a Defendant in the Monmouth County Jail, without bail, pending trial. To do so, a Detention Hearing must take place first and it will be the prosecutions burden to convince the Judge that the Defendant must be detained in order to prevent them from obstructing the prosecution of their case. ‘
Can I be Charged with Hindering?
Hindering apprehension or prosecution charges can stem from a variety of different scenarios. They can arise as a result of harboring a suspect, providing them with the resources (i.e. money, weapons), providing them with information (i.e. warning) and/or actively obstructing their apprehension but use of force. Regardless of the underlying reason, the prosecution tends to take these types of charges very seriously and seeks to prosecute those alleged to have hindered to the fullest extent of the law.
Can I be Convicted of Hindering in New Jersey?
Hindering apprehension or prosecution is governed by NJSA 2C:29-3. In order to be convicted of this offense, the prosecution must prove the following elements:
- That the Defendant was aware that the individual could/might be charged with with a crime;
- That the Defendant:
- Harbored or concealed the individual;
- Provided a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or affecting escape;
- Suppressed, by way of concealment or destruction, any evidence of the crime;
- Alerted the individual of impending discovery or apprehension;
- Prevented or obstructed, by means of force, intimidation or deception, anyone from effectuating an apprehension;
- Aided the individual to protect or expeditiously profit from an advantage derived from such crime;
- Gave false information to law enforcement office; &
- That the Defendant committed one of the acts with the purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of the individual.
Is there Jail Time for Hindering Apprehension?
If the Defendant hindered by preventing or obstructing, by means of force or intimidation, they will be facing a second degree crime. If convicted, a Defendant will be facing anywhere from five to ten years in prison and a fine up to $150,000. If the hindering involved the suspect being charged with a crime of the second degree, then the Defendant will be charged with a third degree felony. If convicted of a third degree indictable offense, the Defendant will be facing anywhere from three to five years in prison. If the hindering involved the suspect being charged with a crime of the third degree, then the Defendant will be charged with a fourth degree indictable offense. A conviction for a crime of the fourth degree will subject the Defendant to up to eighteen months in prison and up to $10,000. If the hindering involved the suspect being charged with a crime of the fourth degree, then the Defendant will be charged with a disorderly persons offense. If convicted of a disorderly persons offense, the Defendant will be facing up to 180 days in the County jail plus a fine up to $1,000. In essence, the degree of the hindering offense is one degree less than the charge which the Defendant is alleged to have hindered.
Red Bank NJ Hindering Apprehension Attorney
Proetta & Oliver is a Monmouth County based criminal defense firm that has been defending those accused of serious indictable crimes including hindering apprehension, terroristic threat, cyber-harassment, eluding police, witness tampering, resisting arrest and aggravated assault on a police officer for the better part of the last decade. If you have been charged with hindering and would like to speak to one of our Monmouth County criminal defense lawyers one-on-one about your options, then please contact us directly at 732.858.6959. We serve all of Monmouth County, including Tinton Falls, Ocean Township, Aberdeen, Eatontown, Long Branch, West Long Branch, Belmar, Manasquan and Atlantic Highlands.