Long Island Kidnapping Attorney
Discuss Your Case with a Criminal Defense Lawyer
According to the U.S. Department of Justice, more that 49% of all reported
kidnappings are family related, while 27% are just acquaintance kidnappings
and 24% are complete strangers. Family kidnappings typically happen when
parents get involved in an ugly child custody battle that takes a turn
for the worse. Over the last few years, the number of kidnapping offenses
has risen dramatically, which is why law enforcement office and prosecuting
attorneys are cracking down so hard on suspected kidnapping offenders.
If you are facing kidnapping allegations of any kind, it is important that
you understand the gravity of your situation. Speak with a Long Island
criminal defense lawyer from our Prime & O'Brien, LLP as soon
as possible. Our
criminal defense attorneys have over 20 years of experience and we also
former prosecution experience under our belts. So let our experience work for you!
Are you under investigation for kidnapping? Let us help you clear your name.
Contact Prime & O'Brien, LLP now for a free case review with a seasoned Long Island criminal defense lawyer!
New York Kidnapping Information
The crime of kidnapping is found in the New York Penal Code Section 135
and it is described as unlawfully abducting another person without their
consent. However, in order for someone to be convicted of kidnapping,
the prosecution must be able to prove a number of things to the court.
The prosecution must establish beyond reasonable doubt that:
- You did indeed commit the act
- That you limited the movements of the alleged kidnapping victim (which
is a violation of their rights)
- That you abducted the alleged victim without their consent
- That your actions were willful and intentional and not under duress
It is important that you understand the difference between unlawful imprisonment
and kidnapping. If you simply restrain someone against their will, then
it is considered unlawful imprisonment, which is considered a misdemeanor
crime. However, if they are restrained in a way that brings them serious
injuries, then it could be charged as a Class E
felony. Kidnapping is not only restraining someone but taking them to a different place.
Penalties for Kidnapping in New York
The consequences of a kidnapping charge can vary depending on the specific
crime. Kidnapping is broken up into two separate categories when it comes
to sentencing: first-degree kidnapping and second-degree kidnapping. So
what is the difference between the two charges?
- Second-degree kidnapping is simply when the defendant is proven to have
abducted another person. This crime is considered to be a Class B felony.
- First-degree kidnapping is when the defendant abducts someone with intent
to hold them at ransom for money or property or intent to force a third
party to do (or not do) something. This particular crime is categorized
as a Class A felony.
First-degree kidnapping is more difficult to prove because the prosecution
will need to establish the following:
- That you threatened to use deadly force
- That you were aware of the unlawful restrictions you were imposing on them
- That you had the intent to compel a third party to follow certain orders
- That your actions were intentional
- That you actively worked to prevent the victim's liberation
If you held the victim hostage for longer than 12 hours, or you injured
or abused them in any way, then the penalties will be substantially harsher.
This is also true if the victim is moved across state lines. The worst
possible penalties are reserved for cases where the kidnapping victim dies.
Former Prosecutors Offering Criminal Defense in Nassau County
If you are ever charged with kidnapping in the first or second degree,
then obtaining legal representation is a must. These criminal accusations
are nothing to be taken lightly and you could end up behind bars for a
very long time. Whether you have been charged with a family kidnapping
or a stranger kidnapping in Long Island, you could be convicted of a serious
crime. Here at
Prime & O'Brien, LLP, we used to prosecute alleged kidnapping offenders. We have extensive
trial experience and we have a deep understanding of both sides of the
Our firm knows what the prosecution looks for and we can work to dismantle
their case in court. We understand how important your freedom is to you,
which is why we work diligently to help attain a reduction or full dismissal
of your charges. We want to reduce the impact of any possible penalties
you may be facing, so let us fight to protect your rights! Time is of
the essence, so it is vital that you act fast.
Contact our firm today to schedule your
free initial case evaluation.