New York Kidnapping Frequently Asked Questions
What Does New York Law Define as Kidnapping?
Under New York law, kidnapping happens whenever someone else has been forcefully taken against their will. You have three different kinds of kidnapping charges. You have unlawful imprisonment, custodial interference and kidnapping. While some kidnapping charges actually qualify as a misdemeanor offense, most of them are considered a felony charge. Even if you receive a misdemeanor charge, you should make no mistake that these charges will still classify as a crime, and they will show up on your criminal record.
Whether you were convicted of a misdemeanor or a felony, your future is at stake with these charges. You need a lawyer who has strong experience in this field because you want to have your legal rights protected.
What are the Different Degrees of Kidnapping?
Whether you get charged with first-degree kidnapping or second-degree kidnapping, both of them qualify as a serious felony. You could be facing years in prison for these charges. Kidnapping of the second degree still classifies as a slightly less serious offense. This happens when you have tied up your victim and kept them from leaving. You might keep them in an area where they won’t be discovered. In addition, you might threaten or force them to stay hidden. This classifies as a class B violent felony. Even for the second-degree kidnapping charge, you could face as many as 25 years of imprisonment for it.
Kidnapping charges will be raised to the first degree if you have chosen to demand a random or you will kill the victim. You might also face first-degree kidnapping charges when you have tied up your victim for over 12 hours at a time. You do this with the intention to terrorize, harm, sexually assault or do it as a political maneuver. This is a class A-1 felony, and if convicted, you face up to life in prison.
What Does the Law Consider as Unlawful Imprisonment?
An unlawful imprisonment happens whenever another person has chosen to restrain their victim. Truthfully, you need a New York attorney who can explain the intricacies of it, but you might face unlawful imprisonment of the second degree when you have tied someone up, but you did it in a way that didn’t risk their physical being. You could potentially face a class A misdemeanor here, but it will still carry a steep sentence of up to one year in prison. If you tie someone up in a way where it puts them at risk of injury, the law will classify this as first-degree unlawful imprisonment. This might have a sentence of up to four years of incarceration.
Custodial Interference: What is It?
Another form of kidnapping, custodial interference will happen when it involves a child being kept from the other parent, and it interferes with the lawful arrangement that was set in custody. In these cases, you may face custodial interference in the second degree. This classifies as a class A misdemeanor, but if you took the child out of the state and risked their physical safety, you could be charged with a felony. The maximum jail time for the second-degree misdemeanor charge is one year, but the first-degree charge could mean up to four years in prison.
If you have any further questions, your best bet is to schedule a free consultation with Spodek Law Group today. They will make sure that you understand the ins and outs of these laws, and they will look at your present circumstances to understand how to fight for you in court.