Hindering apprehension in New Jersey involves interfering with law enforcement’s ability to arrest or prosecute a suspect. It is not simply disagreeing with an officer, but taking purposeful action to prevent the police from carrying out their duties. Individuals can be charged for a wide range of behaviors, from providing false information to actively hiding a person from the authorities. Understanding the specifics of this charge is important for anyone navigating the state’s justice system.
What Constitutes Hindering Apprehension in New Jersey
In New Jersey, the offense of hindering apprehension or prosecution is defined by statute N.J.S.A. 2C:29-3. This law makes it illegal to act with the purpose of obstructing the detention, arrest, or conviction of another person. The key element is intent; prosecutors must prove the individual knew the other person committed a crime and acted with the goal of helping them evade justice.
The statute outlines several actions that qualify as hindering.1Justia. New Jersey Revised Statutes Section 2C:29-3 (2024) – Hindering Apprehension or Prosecution These include harboring or concealing a person sought by law enforcement and providing aid such as a weapon, money, or transportation. The law also prohibits tampering with evidence by concealing or destroying it, or interfering with witnesses.
Other forms of hindering involve warning a person about their impending arrest or using force or deception to stop someone from providing information. Suppressing physical evidence is another prohibited act. Volunteering false information to a law enforcement officer is also explicitly listed as a method of hindering.
Examples of Hindering Apprehension
The actions that can lead to a hindering charge are varied. For instance, allowing a friend who you know committed a robbery to hide in your home to avoid the police is an example of harboring a fugitive.
Another common example involves providing resources to someone evading arrest, such as giving them money for a bus ticket to another state. Taking steps to destroy evidence, like wiping fingerprints off a weapon used in an assault, also constitutes hindering.
Lying to the police is a direct way to be charged. If officers ask for the whereabouts of an individual with a warrant and a resident knowingly provides false information, they are committing the offense. This also extends to deleting security camera footage of a crime or warning a suspect that police are on their way.
Degrees of Hindering Apprehension Charges
A hindering apprehension charge is graded based on the severity of the underlying crime the other person committed. If a person uses force or intimidation to hinder apprehension, the offense is automatically graded as a second-degree crime, regardless of the underlying offense.
If a person hinders the investigation of someone who committed a first or second-degree crime, the hindering charge becomes a third-degree crime. First and second-degree crimes are the most serious offenses in New Jersey, such as murder, aggravated assault, or robbery.
When the underlying offense is a third or fourth-degree crime, the hindering charge is graded as a fourth-degree crime. If the person being assisted committed a disorderly persons offense, the hindering charge is also classified as a disorderly persons offense. This tiered structure ensures the penalty is proportional to the crime being concealed.
Potential Penalties for a Hindering Apprehension Conviction
A conviction for hindering apprehension in New Jersey carries penalties that correspond to the grade of the offense. If the charge is a second-degree crime, an individual faces a prison sentence of five to ten years and a fine of up to $150,000.2Justia. New Jersey Revised Statutes Section 2C:43-6 (2024) – Sentence of Imprisonment for Crime; Ordinary Terms; Mandatory Terms
For a third-degree hindering offense, an individual faces a prison sentence of three to five years and a fine of up to $15,000.3Justia. New Jersey Revised Statutes Section 2C:43-3 (2024) – Fines and Restitutions For a fourth-degree offense, a conviction can result in up to 18 months in prison and a fine of up to $10,000.
If the charge is a disorderly persons offense, penalties include up to six months in county jail and a fine of up to $1,000.4Justia. New Jersey Revised Statutes Section 2C:43-8 (2024) – Sentence of Imprisonment for Disorderly Persons Offenses and Petty Disorderly Persons Offenses Even for first-time offenders who may be granted a presumption of non-incarceration for a fourth-degree crime, the conviction creates a permanent criminal record.
Beyond fines and jail time, any hindering conviction can lead to additional consequences. These include probation, mandatory community service, and difficulties with future employment or maintaining professional licenses.