New Jersey Hindering Apprehension or Prosecution Law

We represent clients charged with N.J.S.A. 2C:29-3; New Jersey Hindering Apprehension or Prosecution complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.

It is an offense to purposely hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for having committed a criminal offense, or a violation of the motor vehicle statutes or the insurance fraud prevention act.

The degree of the offense depends on the seriousness of the offense committed by the other person and whether the defendant is a close relative of that person.

This is essentially an obstructing justice offense whereby a person interferes with process of government by way of aiding another to elude apprehension, prosecution, conviction or punishment.

The state must have proof that the defendant had a purpose to hinder the detention, apprehension, investigation, prosecution or conviction of another.

Hence, aid alone is insufficient because there must be motive to impede law enforcement rather than only motive to help another person.

Seven acts constitute hindering apprehension.

First, harboring or concealing of another.

Second, providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape.

Third, defendant suppressed by way of concealment or destruction any document or other source of information which might aid in the discovery or apprehension of such person or in the lodging of a charge against him.

Fourth, defendant warned another of impending discovery or apprehension.

Fifth, defendant prevented or obstructed by means of force or 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.

Sixth, defendant aids such person to protect or profit from an advantage derived from such crime.

Seventh, defendant volunteers false information to a law enforcement officer or a civil service investigator assigned to the office of the insurance fraud prosecutor.

There is no exemption for husband or wife who hinder for their respective spouses.

However, the relationship may reduce the grade of the offense.

New Jersey hindering apprehension of another offense is a third degree crime if the person aided is charged with a second degree crime or greater.

If the defendant is the spouse, parent or child of the person aided it is a crime of the fourth degree.

If the conduct of the person aided is a crime of third degree then the defendant will face a fourth degree offense.

In all other situations it is a disorderly persons offense.

The state must prove four elements.

First, defendant had knowledge that another person had been charged or is liable to be charged with an offense.

Second, defendant hindered the detention, apprehension, investigation, prosecution, conviction or punishment of this other person.

Third, it was defendant's purpose to hinder this apprehension, prosecution, conviction or punishment.

Fourth, defendant took at least one of the seven types of actions which constituted the prohibited aid to the other person.

Hindering One's Own Detention or Apprehension

Four acts constitute hindering apprehension of oneself.

First, concealment or destruction of evidence.

Second, preventing or obstructing by means of force or intimidation anyone in performing an act which may aid in this detention.

Third, preventing or obstructing by means of force or intimidation any witness or informant from providing any testimony or information.

Fourth, giving false information to a law enforcement officer.

This is a third degree offense if the conduct with which the defendant knows that he is being charged or is likely to be charged would constitute a crime of the second degree or greater.

It is a crime of the fourth degree if such conduct would constitute a crime of the third degree.

In all other situations it is a disorderly persons offense.

The state must prove four elements.

First, knowledge of the charge.

Second, hindering detention.

Third, purpose to hinder.

Fourth, defendant took one of four types of actions which constituted the prohibited hindering.

If you have any questions for a New Jersey criminal defense lawyer about a New Jersey Hindering Apprehension or Prosecution charge, please do not hesitate to contact us.