Considered a violent felony offense in New York, kidnapping is treated seriously by prosecutors, regardless of whether any physical harm occurs to the victim. When one person abducts or unlawfully imprisons another, the government will include kidnapping within an indictment, and will seek severe penalties and sentences.
To restrain someone is to restrict their movements in a way that interferes with their liberty by moving them from one place to another, or by confining them somewhere without consent. This lack of consent happens through physical force, intimidation, or any means if it’s a child younger than sixteen or an incompetent person and the parent hasn’t consented to their movement or confinement. Alternatively, abduction means to restrain someone by putting them somewhere they probably won’t be found or using or threatening deadly force.
If the evidence shows that you have abducted somebody, a prosecutor will generally charge you with kidnapping in the second degree, a Class “B” felony. Commonly, the government will also seek to show some accompanying motive, such as the intent to get a ransom or the intent to inflict an injury or sexually abuse another. Kidnapping charges can elevate all the way up to a Class “A-1” felony and carry significant prison time.
Kidnapping cases are often high-profile and draw significant media attention. Oftentimes, the relationship between the defendant and the complaining witness is an intimate one, and motives can range from monetary disputes to personal vendettas based on past business dealings or a contentious divorce proceeding. Defending these cases requires diligence and relentless advocacy from a seasoned defense attorney like Jason Goldman.
If you are accused of kidnapping or unlawful imprisonment, hire a former prosecutor and prominent criminal defense attorney who has dealt with these offenses on both sides of the courtroom. The steps your defense attorney takes, by way of investigation and creative advocacy, will increase your chances of successfully walking away from these accusations and shape the rest of your life.
The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome.