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.
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(212) 300-5196What 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.
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Your ex-spouse refused to return your child after a weekend visitation and drove to another state without your consent. You contacted the police, but they told you it might be considered a civil matter rather than a criminal one.
Can my ex-spouse actually be charged with kidnapping or custodial interference under New York law for refusing to return our child?
Under New York Penal Law § 135.50, custodial interference in the first degree occurs when a person takes or entices a child from lawful custody and removes them from the state, which is classified as a Class E felony. Even if your ex has some parental rights, violating a court custody order by withholding or relocating the child can support criminal charges under § 135.45 or § 135.50 depending on the circumstances. You should immediately file a violation petition in family court and contact law enforcement with a copy of your custody order, as prosecutors are far more likely to act when there is a clear court order being violated. Time is critical in these situations because the longer the child remains out of state, the more complex both the criminal and family court proceedings become.
This is general information only. Contact us for advice specific to your situation.
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.
