coercion

Criminal Coercion Lawyer in Jersey City & Hudson County

Reviewed by William A. Proetta, Esq. · Updated

Criminal coercion under N.J.S.A. 2C:13-5 is a fourth-degree crime in New Jersey, and a third-degree crime when the threat is to commit a more serious crime or the purpose is criminal. It is always an indictable offense, so a criminal coercion charge from Jersey City, Hoboken or anywhere in Hudson County is prosecuted in the Hudson County Superior Court at the Guarini Justice Complex near Journal Square. These charges often grow out of business disputes, breakups and family conflicts. William Proetta Criminal Law defends criminal coercion charges from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.

What Is Criminal Coercion?

Criminal coercion means threatening someone, with the purpose of unlawfully restricting their freedom of action to do or not do something, by threatening to:

  • Inflict bodily injury on anyone or commit any other offense;
  • Accuse anyone of an offense;
  • Expose a secret that would subject someone to hatred, contempt or ridicule, or impair their credit or business;
  • Take or withhold action as an official, or cause an official to do so;
  • Bring about or continue a strike or boycott;
  • Testify, provide information or withhold testimony or information; or
  • Do anything else intended to substantially harm another person’s health, safety, business, career, reputation or personal relationships.
Hudson County

Criminal Coercion Grading

ChargeStatuteUsual gradeWhere it is heard
Criminal coercion2C:13-5(b)4th degreeSuperior Court
Coercion by threat to commit a crime above the 4th degree, or with a criminal purpose2C:13-5(b)3rd degreeSuperior Court
Terroristic threats2C:12-33rd degreeSuperior Court
Harassment2C:33-4Petty disorderly personsMunicipal Court

The Affirmative Defense

For threats to accuse someone of a crime, expose a secret, take official action, testify or cause other harm, the law provides an affirmative defense: you believed the accusation or secret was true, or the official action was justified, and your only purpose was to compel the person to behave in a way reasonably related to the circumstances, such as making restitution or stopping a wrongful act. Telling a former business partner you will report them unless they repay money they took can fall within this defense; demanding money unrelated to the dispute does not.

Criminal Coercion Charges in Jersey City, Hoboken and Hudson County

Criminal coercion complaints in Hudson County often arise from business and landlord-tenant disputes, breakups and family conflicts, and are usually filed with the police department in the town where the complainant lives or works. Wherever the arrest happens, whether by the Jersey City Police Department, Hoboken police or officers in Kearny, Union City or Bayonne, an indictable charge is sent to the Hudson County Superior Court in Jersey City, and anyone held on a complaint-warrant waits at the Hudson County Correctional Facility in Kearny for the release decision. If the prosecutor downgrades the charge, it goes back to the municipal court where it started. See our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.

Arrest, Complaint-Warrants and Pretrial Detention

Criminal coercion is often charged together with terroristic threats, harassment or extortion-type theft. When the threat involves violence or a former partner, it may be filed on a complaint-warrant, which means an arrest. Once you are held on a complaint-warrant, the court must decide within 48 hours whether to release you. Pretrial Services prepares a Public Safety Assessment, and in Hudson County the first appearance is usually handled through Central Judicial Processing (CJP).

Detention motions are less common on this charge, but the prosecutor can still file a motion for pretrial detention when the facts involve violence, a weapon or a pending case.

Most people are released, usually with conditions such as reporting, a curfew, electronic monitoring or no contact with the alleged victim. Violating those conditions can put you back in jail. See our New Jersey pretrial release and detention guide.

Penalties

Fourth-degree criminal coercion carries up to 18 months in prison and a $10,000 fine; third degree carries three to five years and up to $15,000. A first offender has a presumption against prison at both levels. Criminal coercion is also a domestic violence predicate offense, so it can support a restraining order when the parties have a domestic relationship; see our Hudson County domestic violence page.

Immigration Consequences

Because criminal coercion resembles extortion, it may be treated as a crime involving moral turpitude, depending on the threat involved. A coercion charge against a former partner can also raise domestic violence deportation issues. A plea to a different offense can often avoid those risks. PTI without a guilty plea is generally not a conviction for immigration purposes, but when coercion involves domestic violence New Jersey requires a guilty plea to enter PTI, and that plea can count as a conviction. We review the immigration side before any plea; see our immigration consequences practice area, immigration-safe plea strategy and lawful permanent residents pages.

Defending a Criminal Coercion Charge

  • The affirmative defense for honest claims and legitimate demands.
  • No purpose to restrict freedom of action. Venting, warnings and negotiation are not coercion.
  • No threat at all. Statements about lawful steps, such as filing a lawsuit or reporting to an employer, may not be threats under the statute.
  • The full context of the communications between the parties.

How Criminal Coercion Cases Are Resolved

Many criminal coercion cases are downgraded to harassment and remanded to the municipal court in Jersey City, Hoboken or the town where the case arose, or resolved through Pretrial Intervention. Others are dismissed once the full communications are reviewed.

Hudson County Criminal Coercion FAQs

Is criminal coercion a felony in New Jersey?

Yes. Criminal coercion is a fourth-degree indictable crime, or third degree when the threat or purpose involves a more serious crime. It is never a disorderly persons offense.

Is threatening to call the police criminal coercion?

It can be, but if you honestly believed the accusation was true and only wanted the person to make things right, the affirmative defense may apply.

Is criminal coercion the same as extortion?

They overlap. Extortion is a theft offense involving obtaining property by threat. Criminal coercion covers threats meant to force someone to act or not act.

Can I get PTI for criminal coercion?

First offenders charged with third- or fourth-degree coercion are often good candidates for PTI.

Can a criminal coercion conviction affect my immigration status?

It may be treated as a crime involving moral turpitude, depending on the threat. Get immigration advice before any plea.

What happens if I’m charged with criminal coercion in Hoboken?

The case is prosecuted by the Hudson County Prosecutor’s Office in the Hudson County Superior Court in Jersey City, not in Hoboken Municipal Court. If you are held after the arrest, you will be taken to the Hudson County jail in Kearny until a judge decides on release within 48 hours. If the charge is later downgraded, it can be sent back to Hoboken Municipal Court.

Talk to a Hudson County Criminal Coercion Lawyer

Coercion cases depend on the exact words used, so preserve every message and email. Call our Jersey City office at (201) 793-8018 for a free, confidential case review. We answer 24/7, and se habla español. See our Hudson County assault and threat charges page for related charges.