Top-Notch Litigators Ready To Fight Serious Charges
New York’s kidnapping laws are divided into two categories. The first category is kidnapping in the first and second degrees, 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 degrees, which is also serious.
If you have been accused of either of these crimes, call Konta, Georges & Buza, P.C. at 212-710-5166 as soon as possible to arrange a free consultation with a proven criminal defense lawyer. We represent individuals throughout the five boroughs of New York City.
Our attorneys are trial-tested litigators who are ready to defend your rights and your future when you are facing serious violent crime charges. They leverage their vast understanding of New York’s laws and the criminal process to minimize the impact this matter has on your life. Exercise your right to skilled legal counsel and contact our firm today.
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 four 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 five 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.”