If you were accused of kidnapping in New York, continue reading for information on the potential consequences of a conviction. Work with a skilled New City violent crime lawyer for experienced legal representation during your case.
How is Kidnapping Defined?
Kidnapping is generally considered the unlawful abduction and moving of a person without their consent. There are two degrees of kidnapping under New York Penal Law. Kidnapping in the second degree occurs when a person abducts another person.
Kidnapping in the first degree occurs when a person abducts another person and when:
- The offender’s intent is to compel a third person to pay or deliver money or property as ransom, or to engage in other particular conduct, or to refrain from engaging in particular conduct; or
- The offender restrains the person abducted for a period of more than twelve hours with the intent to inflict physical injury upon the person, violate or abuse them sexually, accomplish or advance the commission of a felony, terrorize them or a third person, or interfere with the performance of a governmental or political function
- The person abducted dies during the abduction or before they are returned safely
If you have committed any of these actions, you can be convicted of kidnapping in New York.
What Are the Consequences of a Kidnapping Conviction in NY?
If you have been convicted of kidnapping in New York, you will find yourself subject to harsh consequences. Kidnapping in the second degree is a class B felony, while kidnapping in the first degree is a class A-I felony. The associated penalties are as follows.
- Class B felony: Up to 25 years in prison and fines generally up to $30,000, depending on the circumstances
- Class A-I felony: A minimum of 15 to 25 years and a maximum of life imprisonment, and fines generally up to $100,000, depending on the circumstances
Any kidnapping conviction can also result in additional repercussions such as surcharges and victim restitution. The actual penalties you incur will vary depending on the specific circumstances of the situation and offense.
What Are the Defenses for Kidnapping Charges in NY?
To defend against kidnapping charges in New York, you and your legal team need to demonstrate that the prosecution cannot prove every element of the crime beyond a reasonable doubt. Common defense strategies include challenging the element of “abduction,” arguing the movement or restraint was merely incidental to another crime, or asserting a lack of criminal intent.
An affirmative defense may also apply. For example, if the defendant was a relative of the person allegedly abducted, and their sole purpose was to assume control of that person, a defense can be raised. This typically applies in custody disputes where the intent was not criminal, but rather to gain parental control. Other defenses include duress and renunciation of the crime, meaning the defendant abandoned their criminal intent and took steps to stop the crime from occurring.
For more information on the defenses available to you, reach out to a skilled attorney today.
