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What Qualifies as Kidnapping in New York?


For many people, kidnapping is assumed to be a crime with the same penalties for every case. In fact, there are many different definitions and classifications of kidnapping, ranging in penalties if the accused is found guilty. Being informed on the different degrees and consequences of kidnapping is important, especially if you have been accused of a similar crime. At Hochheiser & Hochheiser, we aim to give you all of the facts and information you will need to be prepared.

The danger of the public perception of kidnapping is that it limits the scope of what the New York statues defines it as. New York Code§ 135.00 covers all forms of unlawful imprisonment, kidnapping and custodial interference. Unlawful imprisonment, under codes § 135.05 and § 135.10, can be charged as a Class E felony. Unlawful imprisonment in the second degree—which is considered to be a Class A misdemeanor—is defined as the unlawful imprisonment of another by restraining them from leaving and/or depriving them of their liberty to leave. In the first degree, unlawful imprisonment includes exposing the person to a risk of serious physical injury. This crime is considered to be a Class E felony, which naturally carries a more severe punishment.

Kidnapping in the second degree, according to the New York statue, is defined as the abduction of another person against their will. The charge could result in a Class B felony charge. While this is less severe than a first degree charge of kidnapping, it could still result in up to 25 years in prison. The restraint of a kidnapped person for a more than twelve hours by another person with the intention to inflict injury, abuse, sexually violate, terrorize, or keep from appearing somewhere results in a Class A-1 felony charge. This is punishable by 15-25 years imprisonment.

Kidnapping can even be charged against a family member, friend, or acquaintance. An incident of miscommunication, frustration, or poor judgment could lead to kidnapping charges. If you are being accused of kidnapping, be sure that you are backed up by a legal team you can be confident in. If you have more questions or need help with a case evaluation, contact a New York City criminal defense lawyer at Hochheiser & Hochheiser by phone: (800) 813-9069 or online.

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