Hindering Apprehension or Prosecution in New Jersey

N.J.S.A. 2C:29-3 · Offenses Against Public Administration

What the law says

A person commits hindering when, with the purpose of obstructing detention, apprehension, investigation, prosecution, conviction, or punishment for a covered offense or violation, the person takes specified actions to help another person avoid or benefit from the consequences. A person also commits hindering by taking specified actions to obstruct their own detection, apprehension, or prosecution.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:29-3, that means:

• The person acts with the purpose of hindering the detention, apprehension, investigation, prosecution, conviction, or punishment of another person—or, under subsection b., the person’s own detention, apprehension, investigation, prosecution, conviction, or punishment—for an offense, a violation of Title 39 of the Revised Statutes, or a violation of chapter 33A of Title 17 of the Revised Statutes.
• To hinder another person, the actor harbors or conceals that person; provides or aids in providing a weapon, money, transportation, disguise, or other means of avoiding discovery or apprehension or effecting escape; or aids that person in protecting or expeditiously profiting from an advantage derived from the crime.
• To hinder another person, the actor suppresses evidence of the crime by concealment or destruction, or tampers with a witness, informant, document, or other source of information that might aid discovery or apprehension or the lodging of a charge, regardless of admissibility in evidence.
• To hinder another person, the actor warns that person of impending discovery or apprehension, or prevents or obstructs by force, intimidation, or deception anyone from performing an act that might aid discovery or apprehension or the lodging of a charge.
• To hinder another person, the actor 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).
• To hinder the actor’s own case, the actor suppresses evidence by concealment or destruction, tampers with a document or other source of information that might aid the actor’s discovery or apprehension or the lodging of a charge, or gives false information to a law enforcement officer or the specified civil State investigator.
• To hinder the actor’s own case, the actor prevents or obstructs by force or intimidation anyone from performing an act that might aid discovery or apprehension or the lodging of a charge, or prevents or obstructs by force, intimidation, or deception a witness or informant from providing testimony or information that might aid discovery or apprehension or the lodging of a charge, regardless of admissibility.

How the charge is graded

• 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.
• An offense under paragraph (3) or (7) of subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against another person would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1).
• Otherwise, the offense under subsection a. of this section 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.
• An offense under paragraph (3) of subsection b. of this section is a crime of the second degree.
• An offense under paragraph (1) or (4) of subsection b. of this section 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 leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1).
• Otherwise, the offense under subsection b. of this section 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.

Penalties in the statute

• For the specified subsection a. offense involving conduct that would constitute leaving the scene of a motor vehicle accident that results in the death of another person, the actor shall serve a term of imprisonment, which shall be fixed at not less than one year, during which the actor shall not be eligible for parole.
• For the specified subsection b. offense involving conduct that would constitute leaving the scene of a motor vehicle accident that results in the death of another person, the actor shall serve a term of imprisonment which shall be fixed at not less than one year, during which the actor shall not be eligible for parole.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• The warning described in paragraph (4) of subsection a. does not include a warning given in connection with an effort to bring another into compliance with law.
• The statute states that the specified imprisonment applies notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging whether the conduct meets the statute's specific elements
• Bodycam and dashcam video review of the police encounter
• Lack of purpose or knowledge
• Negotiating downgrades to municipal court where appropriate

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-823-1117 for a free, confidential consultation about your Hindering Apprehension or Prosecution charge.

Related charges

• Bribery →
• Official Misconduct →
• Perjury →
• False Reports to Law Enforcement →
• Witness Tampering →
• Tampering with Physical Evidence →
• Obstructing Administration of Law →
• Resisting Arrest →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.