NYC Kidnapping Lawyer
Kidnapping is a very serious crime that brings with it the risk of a lengthy prison term. Most kidnappings are charged as kidnapping in the second degree, which is charged as a Class B felony under New York Penal Law section 135.
It is important to consult an experienced New York kidnapping defense attorney, if faced with these charges.
NYC Kidnapping Defense Attorneys
If a person has been charged with, or anticipates being charged with, kidnapping charges, it is crucial to retain skilled and diligent criminal defense attorneys as soon as possible because these charges carry with them the potential for incarceration for up to 25 years, as well as other severe penalties.
At Greco Neyland, PC, our attorneys have many years of experience in defending the accused in serious criminal matters, such as kidnapping. Our founding members also have the experience of working as prosecutors, so our attorneys are very familiar with the best techniques to challenge a prosecutor’s case.
When the stakes as are high as a kidnapping case, it is important to get a strong legal team fighting against the charges quickly. With offices in NYC and White Plains, Greco Neyland, PC diligently defends individuals throughout New York.
New York Kidnapping Information Center
A person may be charged with kidnapping in the second degree if he abducts another person. Like murder charges, kidnapping may be charged in the first degree as a Class A-1 felony if the accused has committed the crime with one of the aggravating elements being present.
In order for a person to be charged with kidnapping in the first degree, he must have abducted another person, kept the victim restrained for a period of at least 12 hours, and had the intent to do any of the following:
- Inflict physical injury upon the kidnapped individual and/or commit a sexual assault;
- Further the commission of another crime that qualifies as a felony;
- Terrorize the person who was abducted or terrorize another person through the act of kidnapping; or
- Interfere with the operation of the government or cause an impact on a political system.
Finally, the kidnapping victim must have died during the kidnapping event or must have died before he or she could be returned to safety. When there is a kidnapping and there is no evidence that a kidnapping victim was alive after the kidnapping event concluded, then a person may be charged with kidnapping in the first degree even if there is no physical evidence of the death of the kidnap victim.
Related Charges and Federal Kidnapping Charges
While kidnapping cases usually are prosecuted by the state, there may be a federal prosecution if the person accused of kidnapping took the alleged victim across state lines or international borders.
There are other charges related to kidnapping under New York law, including unlawful imprisonment and labor trafficking. Unlawful imprisonment is charged when the person committing the crime did not move the victim to another location, but merely prevented him or her from leaving the location in which the alleged perpetrator found him.
Unlawful imprisonment may be charged as a Class A misdemeanor or a Class E felony, depending on the facts of the case. Labor trafficking involves charges that a person used some means to induce or compel a person to engage in labor.
The means of compulsion might include providing drugs or alcohol, preventing freedom of movement by the destruction of necessary documents, such as a passport, using force, or threatening the victim in a compelling manner.
Kidnapping Defense Lawyer NYC
Kidnapping is considered to be one of the most serious felony charges that a person can face in New York State. If you have been charged or believe that charges are forthcoming, it is important to get the skilled New York Criminal Defense Attorneys at Greco Neyland, PC on your side as soon as possible. We will come out of the corner swinging, attacking the evidence and the procedures in the case.
Call us at (212) 951-1300 to schedule a free initial consultation so that we can learn about the charges that you face, and tell you how we can help you out. We have offices in NYC and White Plains, New York in order to provide easy access for our clients, as well as proximity to the courthouses.