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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.

Unanswered Question?

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.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
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