New York Kidnapping Lawyer

We defend kidnapping cases in Brooklyn and New York

 

A serious crime

The crime of kidnapping and the related crime of unlawful imprisonment are taken very seriously by the cops and the DA’s who prosecute the cases. Often, kidnapping charges accompany other serious felonies such as rape or sexual abuse, but even on its own a kidnapping can put you in jail for a very long time.

 

This is what we do

Like any case that involves violence or the threat of violence, expect the prosecutors to show little mercy in kidnapping cases. Any victory in such a case will necessarily be hard won. But this is what we do. We specialize in cases with grim facts where we cannot expect the jury to be our friend. Yet we have proven time again that we don’t need the jury to like us, we just need them to acquit.

So, if you’re facing a kidnapping case with any associated charges, call an attorney who knows how to handle it. We do.

 

Call Robert Reuland today

We are pleased to confer with you at no cost to discuss your case. Call Robert Reuland any time at 718-300-0626, or e-mail his office today. We will be happy to take the time to set your mind at ease. Regardless of whom you hire, protect your rights! Contact a skilled and experienced criminal defense attorney today.

 

The written law

For your reference, New York’s kidnapping statutes are set out below:

 

Section 135.00 Unlawful imprisonment, kidnapping and custodial interference; definitions of terms

The following definitions are applicable to this article:

1. “Restrain” means to restrict a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined “without consent” when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

2. “Abduct” means to restrain a person with intent to prevent his liberation by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force.

3. “Relative” means a parent, ancestor, brother, sister, uncle or aunt.

Section 135.05 Unlawful imprisonment in the second degree

A person is guilty of unlawful imprisonment in the second degree when he restrains another person.

Unlawful imprisonment in the second degree is a class A misdemeanor.

Section 135.10 Unlawful imprisonment in the first degree

A person is guilty of unlawful imprisonment in the first degree when he restrains another person under circumstances which expose the latter to a risk of serious physical injury.

Unlawful imprisonment in the first degree is a class E felony.

Section 135.15 Unlawful imprisonment; defense

In any prosecution for unlawful imprisonment, it is an affirmative defense that (a) the person restrained was a child less than sixteen years old, and (b) the defendant was a relative of such child, and (c) his sole purpose was to assume control of such child.

Section 135.20 Kidnapping in the second degree

A person is guilty of kidnapping in the second degree when he abducts another person.

Kidnapping in the second degree is a class B felony.

Section 135.25 Kidnapping in the first degree

A person is guilty of kidnapping in the first degree when he abducts another person and when:

1. His 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

2. He restrains 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; or

(b) Accomplish or advance the commission of a felony; or

(c) Terrorize him or a third person; or

(d) Interfere with the performance of a governmental or political function; or

3. The person abducted dies during the abduction or before he is able to return or to be returned to safety. Such death shall be presumed, in a case where such person was less than sixteen years old or an incompetent person at the time of the abduction, from evidence that his parents, guardians or other lawful custodians did not see or hear from him following the termination of the abduction and prior to trial and received no reliable information during such period persuasively indicating that he was alive. In all other cases, such death shall be presumed from evidence that a person whom the person abducted would have been extremely likely to visit or communicate with during the specified period were he alive and free to do so did not see or hear from him during such period and received no reliable information during such period persuasively indicating that he was alive.

Kidnapping in the first degree is a class A-I felony.