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Kidnapping and Unlawful Imprisonment

Kidnapping and Unlawful Imprisonment

Experienced Kidnapping Criminal Defense Attorney in Manhattan

New York's kidnapping laws are divided into two categories. The first category is Kidnapping in the First and Second Degree, which are among the most serious laws in New York and which carry among the stiffest sanctions possible. The second category is Unlawful Imprisonment in the First and Second Degree, which is also serious.

If you have been accused of either of this crimes, call (212) 577-9328 as soon as possible to arrange a free consultation with a proven Manhattan kidnapping defense lawyer.

What Constitutes a Kidnapping or Imprisonment Charge?

While most people have a pretty accurate understanding of what kind of conduct constitutes these crimes, they may not know that there are a lot of circumstances when a person commits an act that could fall into either of these categories. In an effort to make this as clear as possible, it's best to address the various crimes in order of increasing severity.

  • Unlawful Imprisonment in the Second Degree (P.L. 135.05) is the lowest level crime within these subsections. This is a class A misdemeanor punishable by up to one year in jail. A person commits this crime when he "restrains another person."
  • Unlawful Imprisonment in the First Degree (P.L. 135.10) is a class E felony which is punishable by up to 4 years in jail. A person commits this crime when he "restrains another person under circumstances which exposes that person to a risk of serious physical injury."
  • Kidnapping in the Second Degree (P.L. 135.20) is a class B violent felony which is punishable by up to 25 years in prison. A person who has never been convicted of any crime faces a mandatory minimum sentenced of 5 years in prison if convicted of this crime. A person is guilty of Second Degree Kidnapping when he or she "abducts another person."
  • Kidnapping in the First Degree (P.L. 135.25) is among the most serious crimes in the New York Penal Code. If convicted, a person could receive a life sentenced. A person is guilty of this crime when he or she "abducts another person" and when
    • Their 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
    • They restrain the person abducted for a period of more than twelve hours with intent to: (a) inflict physical injury upon him or violate or abuse him sexually; (b) accomplish or advance the commission of a felony; (c) terrorize them or a third person; (d) interfere with the performance of a governmental or political function; or
    • The person abducted dies during the abduction or before he or she is able to return or to be returned to safety."

Each one of the crimes listed in this section is serious. Contact an experienced Manhattan criminal defense attorney if you, or a loved one, are accused of any of these crimes.


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