Seeking Immediate Counsel from a State Defense Lawyer is Imperative
The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.
Kidnapping involves restraining someone and secreting them away so that the person cannot be found. Codified by New York Penal Law 135.00 and 135.20, kidnapping in the first degree and kidnapping in the second degree often involve not only restraining an individual but also abducting that person in the sense that he or she is hidden in an effort to assure that they are not found.
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.
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.
Kidnapping in the second degree is a class B felony. You could be sent to prison for up to 25 years. It is further classified as a violent felony offense. This means that even if you have no prior felony convictions, if you are convicted of kidnapping in the first degree you will face a mandatory minimum sentence of 5 years in prison.
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.
However, given the intimate nature of most kidnappings, some clients have found success by initiating a counter-investigation which brings to light evidence that the complaining witness had staged a kidnapping or set up the defendant for an ulterior motive of their own.
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. Contact The Law Offices of Jason Goldman today.
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