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FROM THE DEFENSE DESK / VIOLENT CRIMES
5 AUG 2026 · UPDATED 20 AUG 2026 · 2 MIN READ · BY TODD A. SPODEK
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DOCKET NO. 989 · THE DEFENSE DESK

New York Kidnapping Frequently Asked Questions.

Learn about New York kidnapping laws, including definitions, degrees of charges, penalties, unlawful imprisonment, and custodial interference. Understand felony vs. misdemeanor classifications, possible prison sentences, and why consulting an experienced New York kidnapping defense lawyer is crucial to protect your future.

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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?

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