Kidnapping is an extremely serious offense that carries the possibility of a lengthy prison sentence. The majority of kidnappings are charged as second-degree kidnapping, which is a Class B felony under New York Penal Law section 135.
If facing these allegations, it is crucial to consult with an experienced New York kidnapping defense attorney.
If a person has been charged with or anticipates being charged with abduction, it is imperative to employ professional and diligent criminal defense attorneys as quickly as possible, as these charges carry the possibility for a 25-year prison sentence and other serious punishments.
Our attorneys at Benjamin Greenwald have extensive expertise defending the accused in serious criminal cases, such as kidnapping. Our founding members have also served as prosecutors, therefore our attorneys are well-versed in the most effective strategies for challenging a prosecutor’s case.
When the stakes are as high as in an abduction case, it is crucial to immediately assemble a formidable defense team.
Kidnapping
If a person abducts another, he may be prosecuted with kidnapping in the second degree. Similar to murder, abduction can be charged as a Class A-1 felony in the first degree if one of the aggravating circumstances is present.
To be prosecuted with kidnapping in the first degree, a person must have kidnapped another, restrained the victim for at least 12 hours, and intended to do any of the following:
• Inflict physical harm on the kidnapped person and/or commit a sexual assault;
• Facilitate the commission of another felony-level crime;
• Terrorize the kidnapped person or terrorize another person through the act of kidnapping; or
• Interfere with the operation of the government or have an effect on the political system.
The victim of the abduction must have perished either during the abduction or before he or she could be restored to safety. A person may be charged with kidnapping in the first degree if there is no proof that a kidnapping victim was alive after the kidnapping act completed, even if there is no physical evidence of the kidnap victim’s death.
Similar Federal charges and kidnapping charges
While abduction crimes are typically handled by the state, federal prosecution is possible if the alleged perpetrator transported the victim across state or international borders.
New York law includes other offenses linked to kidnapping, including wrongful confinement and labor trafficking. When a person is charged with unlawful confinement, it means that he or she did not relocate the victim to another location, but rather kept the victim from leaving the location where he or she was found.
Depending on the circumstances, unlawful imprisonment may be charged as a Class A misdemeanor or a Class E felony. A person is accused of labor trafficking if they employed some means to entice or compel a person to perform labor.
The means of coercion could include providing drugs or alcohol, blocking freedom of travel by destroying important documents such as a passport, employing force, or threatening the victim in a compelling manner.
Kidnapping Defense Lawyer NYC
In New York State, kidnapping is one of the most serious felony accusations that a person can face. If you have been charged or fear that you may soon be charged, it is imperative that you retain the skilled New York Criminal Defense Attorneys at Benjamin Greenwald immediately. We will emerge from the corner swinging, criticizing the case’s evidence and procedures.
Call us to schedule a free initial appointment so that we can learn about your charges and explain how we can assist you. If you or someone you love has been accused of kidnapping, it is essential to have a skilled criminal defense attorney on your side. The Law Office of Benjamin Greenwald has experience handling a wide range of kidnapping cases, and we will work tirelessly to protect your rights. Kidnapping is a serious crime, and a conviction can result in significant prison time. We understand the stakes involved, and we will do everything in our power to help you achieve the best possible outcome. Contact us today for a free consultation. We look forward to fighting for you.
