NYC Kidnapping Attorney

New York law mandates long prison sentences for those convicted of kidnapping. If you’ve been arrested under this charge, you need a skilled NYC kidnapping lawyer who can build an aggressive defense for you.

Mehdi Essmidi is a criminal defense attorney and former prosecutor with years of experience defending clients against kidnapping offenses and other serious criminal charges. Timing is of the essence in these cases. Contact us for a free consultation.

Kidnapping Crimes Under New York Penal Law

In New York, kidnapping is divided into two degrees: first-degree kidnapping and second-degree kidnapping. The distinction between the two lies in the specific elements of the crime and any aggravating circumstances:

Second Degree Kidnapping

Under New York Penal Law § 135.20, kidnapping in the second degree takes place when a person abducts another person. Unlike first-degree kidnapping, there need not be any aggravating factors or specific intent, such as demanding money or causing harm to the abducted person.

This is a Class B Felony punishable by up to 25 years in prison.

First Degree Kidnapping

Under New York Penal Law § 135.25(1), a person is guilty of kidnapping in the first degree when they abduct another person with the intent to:

1. Receive a ransom, reward, or other benefits
2. Accomplish or advance the commission of a felony
3. Inflict physical injury on the abducted person or violate or abuse them sexually
4. Terrorize or interfere with the performance of a political function

If the kidnapped person dies during the abduction, or before they can be returned, the charge also rises to first degree.

This is a Class A-I felony, which mandates a minimum sentence of 15 to 25 years.

Unlawful Imprisonment

Unlawful Imprisonment in the Second Degree — NYPL § 135.05

A person is charged with unlawful imprisonment in the second degree when they restrain another person unlawfully. This is a Class A misdemeanor punishable by up to 1 year of imprisonment or a fine, or both.

Unlawful Imprisonment in the First Degree — NYPL § 135.10

A person is charged with unlawful imprisonment in the first degree when they restrain another person under circumstances that expose them to a risk of serious physical injury. This is a Class E felony punishable by up to 4 years in prison.

Custodial Interference

Custodial Interference is divided into two degrees under the New York Penal Law:

Custodial Interference in the Second Degree (NYPL § 135.45)

This is a Class A misdemeanor (punishable by up to 1 year in jail). It takes place when a person takes or entices a child under 16 or an incompetent person from their lawful custodian with the intent to hold them permanently or for a long period.

Custodial Interference in the First Degree (NYPL § 135.50)

This is a Class E felony punishable by up to 4 years in prison. Custodial Interference in the First Degree happens when the interference exposes the child or vulnerable person to a risk of serious physical injury or permanently removes them from the state.

Penalties for Kidnapping Offenses

A first-degree kidnapping conviction can result in a sentence of up to life imprisonment, whereas a second-degree kidnapping conviction carries a potential sentence of up to 25 years in prison.

Related offenses such as unlawful imprisonment and custodial interference carry lesser penalties, but still have the potential for significant jail time. A skilled NYC kidnapping lawyer can assess what applies in your case.

Defending Against Kidnapping Charges

Defense often requires challenging the allegations and proving that the defendant did not “abduct” the person, or that the abduction was lawful. Below are some possible defenses against kidnapping charges:

Lack of Intent

A person charged with kidnapping may argue that they did not have the necessary intent to commit the crime. If the defendant can prove that they had no intention of restraining, abducting, or confining the alleged victim, the charge may be dismissed or reduced.

Consent

If the alleged victim consented to being taken, transported, or confined, the defendant may use consent as a defense. However, consent must have been given voluntarily and without coercion, threats, or force.

Insufficient Evidence

The defense may argue that the evidence presented by the prosecution is not strong enough to prove beyond a reasonable doubt that the defendant committed the crime. The defense can challenge the credibility of witnesses, the reliability of physical evidence, or the admissibility of certain evidence in court.

False Accusation

The defendant may argue that they were falsely accused of kidnapping, either due to a mistaken identity, a personal vendetta, or other reasons.

It’s important to remember that each case is different, and only an experienced criminal lawyer can help you determine what the best strategy is for your situation.

Contact Us for a Free Consultation

Considering the severity of the penalties and consequences, anyone facing kidnapping charges in New York should seek the most experienced legal representation possible. The NYC kidnapping lawyers at The Law Offices of Mehdi Essmidi understand the critical importance of careful legal analysis and an aggressive defense strategy to protect clients’ rights. Do not hesitate to contact us for a free consultation.

Frequently Asked Questions

What constitutes kidnapping under New York law?

Under New York Penal Law, kidnapping is classified as first-degree kidnapping and second-degree kidnapping, each carrying different consequences. Kidnapping in the first degree takes place when the person abducted is held for ransom, used to influence a government or political function, or subjected to serious harm. Kidnapping in the second degree involves unlawfully restraining an abducted person without aggravating factors, but still results in felony charges.

What is the difference between kidnapping degrees?

• Class E felony: Often associated with unlawful imprisonment or custodial interference, carrying lesser penalties but still a serious offense under New York law.
• Class B felony: Less severe than A-I but still carries significant penalties, often applied in second-degree kidnapping cases.
• Class A-I felony: The most severe classification, typically applied to first-degree kidnapping, may result in a life sentence.

What should I do if I am accused of kidnapping in New York City?

If you are facing kidnapping charges, contact experienced criminal defense attorneys immediately. A NYC kidnapping attorney can provide a thorough investigation, assess aggravating factors, and build a strategic defense on your behalf.