What Constitutes Kidnapping Charges in NYC?

The clarification of kidnapping charges is made in the New York Penal Law §135. There are different variations and degrees of kidnapping charges. The simplest definition of kidnapping would be any type of abduction of another person. This would be considered second degree kidnapping which is charged as a Class B felony in New York. In order to 'abduct' a person, the defendant must have restrained that person preventing them of their liberation by hiding them or threatening them. This act must be without consent from the individual which means either physical force, intimidation or deception was used. If the offense is kidnapping in the first degree; however, the defendant could be facing a Class A-I felony with harsher penalties. There are more aspects involved in this type of offense and in order to be convicted of this level of kidnapping, all of the following must be proven:

  • The defendant abducted another person with the intent of using their return to receive ransom
  • The victim was restrained for more than 12 hours
  • There was the intention of the defendant to inflict personal injury, sexually abuse, terrorize, perform a felony or interfere with the government
  • The victim died during the kidnapping or before they were returned safely

Facing first degree kidnapping charges is a serious matter and you are at risk of serious prison time, fines and more. A Class B felony kidnapping offense in New York is punishable by a prison sentence between five and 25 years and a fine of up to $5,000. A Class A-I felony kidnapping offense is punishable by a prison sentence between 15 and 25 years and a fine of $5,000. You need to team up with an aggressive New York City criminal attorney from H. Benjamin Perez & Associates, P.C. to defend against these charges. Fill out a free case evaluation form online or call the firm now!