NYC Kidnapping Lawyers
Kidnapping is a serious crime that attracts a lengthy prison term. Many kidnappings in NYC are charged as a 2nd degree kidnapping which is a Class-B felony according to the Penal law section 135. It is essential to consult an experienced and knowledgeable kidnapping defense lawyer when faced with this charge.
Kidnapping defense attorneys in NYC
If an individual anticipates being charged with or has been charged with kidnapping, it is vital to retain a diligent and skilled criminal defense lawyer soonest possible since these charges can lead to incarceration for up to twenty-five years or more, including other severe penalties.
At Federal Lawyers our attorneys have years of experience in defending the accused in various criminal matters like kidnapping. They know the best techniques for challenging a prosecutor’s case. You need such professionals to help you fight against kidnapping charges quickly.
Kidnapping
An individual can be charged with 2nd-degree abduction when he or she abducts another person. Just like murder charges, this crime can still be charged in 1st degree as a Class A -1 felony when the accused commits the offense with an aggravating element present. For a person to be charged with 1st-degree kidnapping, he or she must have abducted another individual, kept them restrain for approximately 12 hours and have the intention to do the following:
• Terrorize the abducted person or another person via the Kidnapping Act
• Inflict physical injury on the kidnapped person or commit sexual assault
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• Further the commission of another kind of crime which qualifies as a felony
Lastly, the kidnapped victim must have passed on during the kidnapping event or before he or she could be returned to safety. In case a kidnapping occurs, and there isn’t evidence to show that the victim was alive after the event is concluded, a person can be charged with kidnapping in the 1st degree even if physical evidence of the kidnapped victim’s death is lacking.
What you should do when you are accused of kidnapping
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
If you are charged with kidnapping, the best solution is to get in touch with an attorney from Federal Lawyers. Regardless of the circumstances that lead to the alleged kidnapping, you need to consult with a professional who understands the strict kidnapping laws in New York and is willing to fight to win your case.
You should never think about talking to investigators or the police when arrested because it will be the biggest mistake you will make for your case. When an investigator informs you that everything you say will and can be used against you in court, they mean precisely that. Also, note that you have a right to have a lawyer present during questioning in case law enforcement officials want to interrogate you. Use this opportunity to exercise your right for your case’s outcome.
Your adult son was arrested after a domestic dispute in which he drove away with his ex-girlfriend still in the car, refusing to let her out for several blocks. Police have charged him with kidnapping in the second degree, and you're stunned that what seemed like an argument could carry such a severe felony charge.
How can driving a few blocks with someone in the car possibly be treated as a kidnapping charge in New York?
Under New York Penal Law Section 135.20, kidnapping in the second degree occurs when a person abducts another person, and even a brief restraint of someone's movement against their will can meet the legal threshold for abduction. As a Class B violent felony, a conviction carries a minimum of 5 years and up to 25 years in state prison. A strong defense strategy may challenge whether the alleged victim was truly restrained or whether the movement was incidental to another dispute, which courts have recognized under the Levy merger doctrine. An experienced NYC kidnapping defense attorney can evaluate whether the facts support a reduction to unlawful imprisonment or other lesser charges that carry significantly lighter penalties.
This is general information only. Contact us for advice specific to your situation.
In October 2008 the laws changed and doubled kidnapping punishments. The potential sentence for this crime increased up to fifty years in prison. This was done to deter kidnapping crimes especially the traffic of sex slave or holding an individual for a ransom. Since kidnapping, labor traffic and unlawful imprisonment carry severe penalties; you need the best attorney to defend and preserve your rights.
It’s not worth taking your chances by opting to defend yourself or asking for a public defender to squeeze you into their heavy caseload. Contact Federal Lawyers and you will get a proficient attorney who will offer his or her full attention and strategize on your case.
