Look to a qualified NYC kidnapping lawyer to help you understand criminal charges related to kidnapping here in New York City. Kidnapping charges are some of the most delicate and complex criminal charges, and you are encouraged to speak with an attorney to address such matters as soon as reasonably possible. The swift and aggressive legal tactics of the Law Offices of Julie Rendelman can support you during these challenging times, protecting your innocence and working to help you, potentially, avoid possible jail time.
You remain in the very best hands for kidnapping charges here in New York City alongside Julie Rendelman. Begin the process today and take part in a free consultation that can help you better understand what is at stake.
What Constitutes “Kidnapping” Under New York Law
In a general sense, kidnapping can be understood as holding and concealing someone without their consent.
Kidnapping charges fall under two different categories in New York: Kidnapping in the first degree and kidnapping in the second degree. They are both felony charges, with differing legal consequences based on the circumstances of your case. Article 135 of the New York Penal Code goes into detail about such charges, including charges of false imprisonment and custodial interference.
Kidnapping in the Second Degree (NY Penal Law § 135.20) Class B Felony
The law states that kidnapping in the second degree occurs when an individual “abducts another person.”
Kidnapping in the First Degree (NY Penal Law § 135.25) Class A-I Felony,
Kidnapping in the first degree occurs when an individual “abducts another person” with aggravating factors. It includes:
- “Intent to compel a third person to pay or deliver money or property as ransom, or to engage in other particular conduct, or to refrain from engaging in particular conduct.”
- “He restrains the person abducted for a period of more than twelve hours with intent to:
- Inflict physical injury upon him or violate or abuse him sexually;
- Accomplish or advance the commission of a felony;
- Terrorize him or a third person;
- Interfere with the performance of a governmental or political function:
- Or the person abducted dies during the abduction or before he is able to return or to be returned to safety.
Legal Definitions Relevant To Kidnapping in New York
Understanding the legal terms of “restrain,” “abduct,” and “lack of consent” can help you better understand these charges.
How “Restrain” is Defined Under New York Criminal Law
To restrain, according to New York criminal law means to, “restrict a person`s movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful.
How “Abduct” is Defined According To New York Criminal Law
To abduct, New York criminal law defines this term as a “means to restrain a person with intent to prevent his liberation by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force.”
How “Without Consent” is Defined Under New York Criminal Law
Without consent includes when “a person is so moved or confined ‘without consent’ when such is accomplished by
(a) physical force, intimidation, or deception, or
(b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person, and the parent, guardian, or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.”
Lesser & Related Charges To Kidnapping
Article 135 goes into detail about closely related or lesser charges that come with less severe legal consequences, including both unlawful imprisonment and custodial interference.
- “A person is guilty of unlawful imprisonment in the second degree when he restrains another person.”
- “A person is guilty of unlawful imprisonment in the first degree when he restrains another person under circumstances which expose the latter to a risk of serious physical injury.”
- Custodial interference in the second degree occurs when, “a relative of a child less than sixteen years old, intending to hold such child permanently or for a protracted period, and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian” or, “Knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution.
- Custodial interference in the first degree occurs when an individual has “intent to permanently remove the victim from this state, he removes such person from the state” or commits custodial interference in the second degree, “under circumstances which expose the victim to a risk that his safety will be endangered or his health materially impaired.”
Penalties & Potential Legal Consequences
The legal consequences for any of these charges can range significantly, where 1st degree kidnapping could result in a life-long prison sentence, or up to 25 years in jail for 2nd degree kidnapping. Of the criminal charges listed earlier, only second-degree unlawful imprisonment and second-degree custodial interference are misdemeanor charges, with the rest being felonies.
Being charged with these offenses often comes with the possibility of prison time, but can also include many monetary fines, asset forfeiture, and a lifelong criminal record. Some cases may include your appearance on a sex offender registry, your dismissal from your place of employment, loss of custody of your children, and complex immigration issues. You should expect significant negative impacts on both your personal and professional reputation. The costs of legal representation remain incredibly small in comparison to the lifetime of consequences you could experience.
Why You Need an Experienced NYC Kidnapping Defense Attorney
Kidnapping is a complex criminal charge, calling for legal representation that has a track record of success in these specific kinds of cases. The complexity of New York’s criminal statutes can see charges quickly bumped up to felony charges, requiring a sound and strategic legal defense that is personalized to your case.
A criminal defense attorney can help you navigate the legal process, where early intervention can ensure your rights are protected while they represent your best interests through every detail of the process. When overlapping charges exist in kidnapping cases (including assault and sexual crimes), your very livelihood is at stake, as conviction can lead to a lifetime in prison, with consequences extended beyond your time in prison.
Your attorney can carefully review and challenge the evidence against you, potentially lessening the legal consequences and, in some cases, see your case dropped completely. There are, however, no guarantees in these incredibly serious and delicate matters, and as such, the costs of hiring qualified legal representation remain incredibly small in comparison to how this case will impact your life.
Our Defense Strategy: What to Expect from Rendelman Law
Full-service criminal defense attorney services from the Law Offices of Julie Rendelman mean that we handle every detail of your case, representing what is best for you. Learn about our process:
- Immediate Steps After Arrest or Investigation: Look to our team to issue subpoenas, gather evidence from search warrants, and intervene early on in the process to ensure every step of the legal process is adhered to without complication.
- Investigation & Evidence Review: We conduct independent investigations on your behalf, including interviewing witnesses, collecting digital & physical evidence, and gathering important information regarding the context of your case, which could include details about consent, relationships, and child custody
- Negotiation, Plea Options & Mitigation: When appropriate, we can negotiate on your behalf directly with prosecutors, finding solutions that best suit your needs.
- Trial-Ready Defense: Should your case head to trial, we handle the details of jury selection, while also preparing you for a serious felony trial.
You remain in the absolute best of hands when it comes to kidnapping, false imprisonment, and custodial interference charges. These can be emotionally charged and stressful times, especially when these cases include children. Look to those with deep knowledge and experience in such matters.
Frequently Asked Questions (FAQ)
Find answers to frequently asked questions regarding kidnapping charges in New York City.
What’s the difference between kidnapping and unlawful imprisonment in NY?
Kidnapping charges usually include the abduction and movement of an individual to another place, while unlawful imprisonment is the restraining of an individual to one place.
Can a parent be charged with kidnapping for taking their child?
Yes.
It is possible for parents to be charged with kidnapping in New York. Custody and parenting disputes are difficult and emotional matters, and depending on the circumstances of the case, they could result in a felony kidnapping charge. Your case is unique, and you should speak with an experienced and qualified criminal defense attorney about such matters.
Can kidnapping charges be reduced or dismissed?
Yes.
A criminal defense attorney can build a legal defense for your case, but also challenge the evidence against you.
Is there a minimum sentence for kidnapping in NY?
Yes.
Kidnapping in the second degree in New York comes with a mandatory minimum of 5 years in prison, even for first-time offenders.
What should I do if the police want to interview me on suspicion of kidnapping?
The moment you are under investigation is the moment you should speak with a criminal defense attorney. Remain polite and respectful in the event you are questioned by law enforcement, but tell them you need to speak with an attorney before answering any questions.
Why Choose Rendelman Law for Kidnapping Defense in NYC
The Law Offices of Julie Rendelman brings deep trial experience and a historical record of defending violent felony clients facing such charges as kidnapping and false imprisonment. As a former prosecutor, Julie Rendelman maintains a unique set of experience and knowledge regarding criminal law that can help you address these charges. Build a strategic defense strategy based on our deep borough and court-specific experience in Manhattan, Brooklyn, the Bronx, Queens,and the rest of New York City.
Our offices remain available 24/7, offering free, no-obligation calls that can help you better understand the charges against you.
Contact Us Now For a Free Consultation
Take these charges seriously as soon as you can. Early intervention is a key element to success in such cases, helping you avoid legal missteps and ensuring every detail of the process is followed without complication. Hiring an attorney who does not have experience in such cases is not recommended.
Contact the Law Offices of Julie Rendelman today and learn about the role we can play in defending your innocence and potentially seeing your charges reduced or dismissed entirely.
We understand how stressful and difficult these situations can be. Look to experienced attorneys who have dedicated their lives to serving your best interests. Call us now at 212-951-1232. We offer urgent and confidential client support around the clock. Simply speaking with us can help you better understand your case and the legal options available to you.
Reach out today to begin the process now.
New York, NY 10017
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