Staten Island Kidnapping Lawyer

Staten Island Kidnapping Attorney

Kidnapping is a severe charge in any state. In New York, kidnapping is a felony, which could result in a maximum sentence of 25 years to life in prison. These criminal penalties can alter the course of your entire life. Even beyond criminal charges, a kidnapping conviction can alter your future outside of incarceration. If you have been charged with kidnapping, you must speak with a kidnapping defense attorney quickly. The sooner you begin to work with a qualified attorney, the more time they can have to begin building your defense against conviction.

Kidnapping Defense Attorneys in Staten Island

When you face criminal charges, it can be terrifying. Your freedom rests on this case, and a kidnapping charge is an immensely serious situation. Your future is at stake, and you deserve fair legal representation. At The Vitaliano Law Firm, we have the knowledge, experience, and understanding of criminal law to combat state prosecutors and defend you and your rights. We have the resources and time to dedicate to your case. Our attorneys have experience working as prosecutors, giving us a unique understanding of how the prosecution is likely to approach your case. This gives us a better chance of mitigating or removing the criminal charges against you.

Understanding Staten Island Kidnapping Charges

Kidnapping has two degrees that it may be charged with, and both are felonies.

• Second-Degree Kidnapping

Kidnapping in the second degree is when a person abducts another person, and there are no aggravating factors that are present in first-degree kidnapping.

“Abduction” is defined in New York law as restraining a person, either by threat or use of physical deadly force or by keeping them somewhere they are unlikely to be found.

This charge is a Class B felony, which results in up to 25 years in prison if convicted. Because it is considered a violent felony, there is a mandatory minimum sentencing of 5 years in prison. This is true even if it is a person’s first offense.

• First-Degree Kidnapping

Kidnapping is charged in the first degree if certain aggravating factors are present in the abduction of a person.

If a person abducts another person with the intent to hold them for ransom or compel a third party, this elevates kidnapping to the first degree.

First-degree kidnapping will also apply if a person was abducted, kept restrained for more than 12 hours, and the kidnapper had the intent to:

1. Inflict physical harm or sexual assault.
2. Further another crime that is a felony.
3. Terrorize the victim or a third person through the act of kidnapping.
4. Interfere with a government operation
5. Impact a political system or function.

Kidnapping is also elevated to the first degree if the person who was abducted dies before they could be returned to safety.

First-degree kidnapping is charged as an A-1 felony and results in a minimum sentence of 15 to 40 years, and up to life in prison.

How Can a Kidnapping Defense Lawyer Help Me?

Facing kidnapping charges puts you in one of the most serious cases in a criminal court. In criminal court, everyone has the right to an attorney, and if you don’t hire a private criminal defense attorney, you will be assigned a public defender. Public defenders are incredible attorneys but unfortunately are often given too much work to adequately spend individualized time with each person. A private criminal defense attorney is able to dedicate time and their firm’s resources to fully understanding and defending the unique and individual details of your case.

Without an effective defense against kidnapping charges, you could spend many years to life in prison. Your kidnapping defense attorney can gather evidence, determine if any of your civil rights were violated, and find the most favorable outcome to your case.

Defenses to Kidnapping

Potential defenses to kidnapping charges include:

• Consent or Good Faith Belief in Consent: If the victim agreed to go with the alleged kidnapper, it may be a defense against second-degree kidnapping.
• Duress: The person committed the crime under the threat of force or harm to them or another person.
• Familial Relationship: The alleged kidnapper is a relative of the victim, and the reason for the abduction was to assume control over the victim.

FAQs

Q: What Is the Charge for Kidnapping in New York?

A: Kidnapping in New York is charged as a felony, in both the first and second degree. First-degree kidnapping is an A-1 felony, subject to a mandatory minimum of 15 to 40 years in prison. Imprisonment may be up to life. Second-degree kidnapping is a Class B violent felony. It has a minimum mandatory sentence of 5 years in prison, up to 25 years. A second-degree kidnapping becomes a first-degree kidnapping if there are certain aggravating factors present.

Q: Is Kidnapping a Felony in New York?

A: Yes, kidnapping is a felony in Staten Island, New York. It is an incredibly serious offense that is punished by anywhere from 5 years to life in prison, along with several thousand dollars in fines. Although kidnapping can be either a first-degree or second-degree offense, both are felonies. It’s essential to work with an experienced attorney if you are facing kidnapping charges.

Q: Is Kidnapping a Federal Crime in New York?

A: Kidnapping is not automatically charged as a federal crime. It is charged under New York penal codes if it occurs within state borders. Kidnapping becomes a federal crime if the offense somehow crosses country borders or state lines. Federal judges have the discretion to determine the sentence length of a federal kidnapping conviction. For kidnapping charges involving a minor victim, the mandatory minimum sentence is 20 years.

Q: What Is the Child Kidnapping Law in New York State?

A: There is no specific provision in New York kidnapping law that refers to minor victims. These cases will likely be charged as any first- or second-degree kidnapping. There is a different charge when a parent of a child goes against court-ordered custody. This is called parental interference, which means that a parent who has no legal right to do so takes their child who is 16 years or younger. This may be charged as a misdemeanor or a felony.

Defend Your Rights With The Vitaliano Law Firm

When you work with a knowledgeable defense attorney, you can feel assured that we are working towards the most favorable outcome to your case. Contact The Vitaliano Law Firm today to see how we can defend you from kidnapping charges.