Top Dobbs Ferry, NY Kidnapping Lawyers Near You
A Strong Defense From A Former NYC Prosecutor. Experience On Both Sides Of The Courtroom. Call For FREE Consultation. Avail 24/7
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FOCUSED on FEDERAL CHARGES. Experienced Former Federal Prosecutor, Protecting Your Rights & Freedom In Your Defense Of A Federal Criminal Charge
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Facing Federal or State Charges in New York or New Jersey? Retain a Respected & Successful NYC Criminal Defense Lawyer. Samuel has been Selected to Super Lawyers Since 2011!
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With Almost 30 Years of Criminal Law Experience, Mr. Tilem, a Former Prosecutor and His Team Have the Skills, Experience, and Knowledge To Defend Your Rights and Win Your Case.
123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the Dobbs Ferry area handle cases involving Kidnapping.
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16 Court Street, Suite 3500, Brooklyn, NY 11241
Getting legal representation for your Kidnapping issue is easier than you think. Let Law Offices of Samuel Gregory P.C. in Dobbs Ferry, New York help you today.
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521 Fifth Avenue, Suite 1729, New York, NY 10175
Contact The Law Office of Jeffrey Chabrowe in Dobbs Ferry, New York for experienced legal assistance in Kidnapping.
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26 Court Street, Suite 2306, Brooklyn, NY 11242
1345 Ave of the Americas, 22nd Floor, New York, NY 10105
450 7th Ave, Suite 408, New York, NY 10123
1 Dosoris Lane, Glen Cove, NY 11542
350 Motor Pkwy, Suite 308, Hauppauge, NY 11788
1424 Zerega Ave, Bronx, NY 10462-5410
250 Park Ave, 7th Floor, Suite 7002, New York, NY 10177
299 Broadway, Suite 1400, New York, NY 10007
1133 Westchester Avenue, White Plains, NY 10604-3407
50 Karl Ave, Suite 302, Smithtown, NY 11787
200 Park Avenue, New York, NY 10166
863 Islip Ave, Central Islip, NY 11722
100 Broadhollow Rd, Ste 100, Farmingdale, NY 11735
38 Melnick Dr, Monsey, NY 10952
2 Sarles Street, Mount Kisco, NY 10549
347 5th Ave, Suite 1402, New York, NY 10016
155-03 Jamaica Avenue, Jamaica, NY 11432
747 Middle Neck Rd, Suite 106, Great Neck, NY 11024
7 Times Sq, 44th Floor, New York, NY 10036
1211 6th Ave, 26th Floor, New York, NY 10036
55 West 46th Street, New York, NY 10036-4120
1185 Avenue of the Americas, Suite 3400, New York, NY 10036-4003
Dobbs Ferry Kidnapping Information
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What Qualifies as Kidnapping?
Kidnapping involves taking someone and moving them against their will. If someone is locked in a room against their will, it may be considered false imprisonment instead of kidnapping. However, when the alleged victim is moved to another location, it becomes the crime of kidnapping.
Force in kidnapping can include physical force. However, kidnapping can also be committed through intimidation, threats of violence to the victim or the victim’s family, blackmail, or drugging the victim. Movement can include taking someone to another building, vehicle, another state, or another country.
What Is Parental Kidnapping?
Some kidnapping is done for a ransom, to commit sexual assault, or for other criminal purposes. However, most cases of kidnapping involve family members. According to the Department of Justice, over 200,000 children are abducted by a family member every year. Most kidnappings involve the child’s parent or legal guardian. About half of family kidnapping is done by the biological father and about 25% by the child’s biological mother. Many child custody abductions are not reported as a missing child because their caretakers knew the child’s whereabouts.
When a child I wrongfully removed from the United States or retained outside the U.S., in violation of parental rights, it can be considered international parental kidnapping, which is a federal offense. Under the U.S. Code, parental kidnapping is a federal crime punishable by up to 3 years in prison. However, there may be legal defenses available if the parent was trying to get away from domestic violence.
What Is the Maximum Sentence for Kidnapping?
Kidnapping is generally a felony offense. As a felony, kidnapping is punishable by more than a year of jail time. Penalties may also include fines, probation, and orders of protection against contacting the kidnapping victim.
When sentencing a defendant for a kidnapping conviction, a judge may have sentencing guidelines to determine the specific criminal penalties. Sentencing guidelines can take into account aggravating factors. Depending on the individual circumstances, aggravated kidnapping may involve:
- Kidnapping for ransom
- Kidnapping during a carjacking
- Kidnapping a child
- Kidnapping for sexual assault or molestation
- Using the victim as a shield or hostage
- Inflicting bodily injury
The maximum penalties for aggravated kidnapping can include life imprisonment. In some states, aggravated kidnapping or kidnapping that results in death can be a capital offense.
Can Kidnapping Charges Be Dropped?
Kidnapping charges can be dropped by the prosecutor if they do not have enough evidence or if new information shows the defendant was not guilty of a crime. However, a prosecutor can still go through with pressing criminal charges even if the victim does not want to press charges. The victim’s assistance is generally useful in the prosecution of kidnapping charges but is not necessary. If the prosecutor thinks there is enough evidence to get a guilty verdict, they can prosecute the case no matter what the alleged victim wants.
How a Kidnapping Attorney Can Help?
There are legal defenses available to federal kidnapping charges or parental kidnapping allegations in New York. A local criminal defense attorney can evaluate your case, explain your rights, and explore legal defense options. Legal defenses to felony kidnapping charges include:
- Mistaken identity
- False accusations
- Unlawful search and seizure
- The alleged victim gave consent
False accusations are not uncommon in parental kidnapping. A parent or family member in a custody dispute may make up false allegations against the other parent out of revenge. Even without proof that you committed a crime, you can end up under arrest under suspicion of committing kidnapping.
In some cases, the alleged victim willingly goes with the alleged kidnapper and changes their story after the fact. If the person consented to going with the defendant, the defendant should not be convicted of a crime. However, some alleged victims may be unable to give legal consent, including a minor child or people with limited mental ability.
It may be an affirmative defense to kidnapping where the accused took their child or someone else based on an imminent threat of violence or abuse. For example, a non-custodial parent taking their child from an abusive parent could be a defense against kidnapping charges. Talk to a kidnapping defense lawyer about the best defense strategies in your case.
A felony kidnapping charge can result in a felony criminal record, life in prison, and damage to your reputation. An experienced criminal defense lawyer can fight the criminal charges to help you avoid a criminal record. Your kidnapping lawyer may also be able to negotiate a plea bargain, reduce the charges, drop other related charges, or reduce the prison sentence.