Call 24/7 to Book a Free Consultation (732) 709-7757

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

NJ Statutes > NJ Resisting Arrest Laws > 2C:29-3

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

After you read the following NJ Criminal Statute (Hindering apprehension or prosecution) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case.  The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor.  Call the number above for a free 24×7 phone consultation or read more about the resisting arrest charge.

What is Hindering Apprehension?

The charge of hindering apprehension can take two forms: (1) hindering apprehension of another and (2) hindering one's own apprehension. A person may be found guilty of hindering another's apprehension if he purposely hinders the apprehension, investigation, prosecution, conviction or punishment of another. A person may also be convicted under the second part of the statute if he or she hinders his or her own apprehension, investigation, prosecution, conviction or punishment. While the statute may seem very broad, there are many elements that a prosecutor must prove in order to obtain a conviction. Those elements are discussed in detail below.

The Prosecutor's Burden of Proof

In order to prove hindering apprehension of another, the prosecutor must show: (1) the defendant knew that the other person had been or was likely to be charged with an offense, (2) harbored or concealed that person (3) OR provided a weapon, money, transportation, disguise, or any other way of avoiding apprehension, OR (4) suppressed evidence by way of concealment or destruction or tampered with a witness, OR (5) warned the person of impending or imminent discovery or apprehension, OR (6) prevented or obstructed a person by means of force, intimidation, or deception from performing an act which might aid in discovery of apprehension, OR (7) assisting a person in carrying out his unlawful objective for a share in the proceeds of his venture, OR (8) gave false information to a law enforcement officer or civil state investigator, AND (9) that the defendant acted with purpose to hinder the detention, apprehension, investigation, prosecution, or conviction of the other person. Elements 1 and 9 above are also needed for hindering one's own apprehension along with one or more of elements 4, 6, 7, OR 8.

Defenses to Hindering Apprehension

Since the crime of hindering apprehension is very elemental, successful refutation of one of the elements will cause the conviction to fail. For example, if you are charged with hindering another's apprehension, it could be a valid defense that you did not know the police were looking for that person when you loaned them your car. You could therefore not have formed the requisite intent to commit the crime. An affirmative defense that could be used is that you are the parent/child/spouse of the one you aided. Each case is fact specific and must be analyzed on a case-by-case basis. An experienced criminal defense attorney will be able to review the facts of your case and walk you through each step in the process.

Penalties You Face if Convicted

The penalties that you will face are based on the underlying crime. In other words, if the crime that you are escaping or helping someone else to escape from is a crime of the third degree, then the hindering apprehension penalties will be the same as a third degree crime. These penalties can range from being very severe to minor. For example, you could face a prison sentence of up to 5 years for a 3rd degree criminal offense as well as a $10,000.00 fine. Do not plead guilty to the charge of hindering apprehension, call an experienced criminal defense attorney.

NJ 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 established by section 32 of P.L.1998, c.21 (C.17:33A-16).
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 established by section 32 of P.L.1998, c.21 (C.17:33A-16).
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.
Amended 1981, c.290, s.29; amended 1999, c.297; 2008, c.81, s.2.

AKA: NJ Criminal Charge 2C:29-3, Violation 2C:29-3, Offense 2C:29-3

Next > 2C:29-3.1.  Infliction of harm to animal used by law enforcement.
Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.

Contact Us Today

Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu