Kidnapping is one of the most serious criminal charges in the state of New York, and one that carries major penalties for anyone convicted of the crime. Kidnapping charges should never be taken lightly, and you will need qualified council on your side if you have been charged with any degree of kidnapping. To discuss your options and receive a free consultation, call the offices of David Galison today at 516-242-4477.
The laws of New York state provide for two different degrees of kidnapping charge. The severity of the charge depends on the specifics of the case.
Kidnapping in the Second Degree
There is a very simple definition of kidnapping in the second degree.
“A person is guilty of kidnapping in the second degree when he abducts another person.”
Second degree kidnapping is a class B felony and can bring punishments of between 1-3 years on up to between 8-25 years. Also, fines of up to $30,000 are possible.
Kidnapping in the First Degree
The charge of first degree kidnapping requires the abduction present in second degree charges, but adds one of three further requirements.
- The intent is to compel a third party into paying property or money as ransom in exchange for the return of the kidnapped individual
- The person is restrained for a period of more than twelve hours with intent to inflict harm, advance the commission of a felony, terrorize the victim or a third party, or interfere with the performance of a governmental function.
- The person dies during abduction before he or she is able to be returned safely.
A conviction on the charge of kidnapping in the first degree is a class A-i felony, the highest on the books in the state of New York. A punishment from between 15 and 25 years up to life in prison is possible for this crime.
If you or someone you love is being charged with kidnapping, you need to acquire council right away. It is never too soon to being building a defense case. We look forward to working together with you in your defense.