Top New Windsor, NY Kidnapping Lawyers Near You
123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the New Windsor area handle cases involving Kidnapping.
Se Habla Español
Free Consultation
1178 Broadway, 3rd Floor, New York, NY 10001
Other Nearby Offices
Bulldog Law has experience helping clients with their Kidnapping needs in New Windsor, New York.
Se Habla Español
Free Consultation
Virtual Appointments
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 New Windsor, New York help you today.
Se Habla Español
Free Consultation
521 Fifth Avenue, Suite 1729, New York, NY 10175
Contact The Law Office of Jeffrey Chabrowe in New Windsor, New York for experienced legal assistance in Kidnapping.
Se Habla Español
Free Consultation
87 Walker St, 2nd Floor, New York, NY 10013
155-03 Jamaica Avenue, Jamaica, NY 11432
100 Broadhollow Rd, Ste 100, Farmingdale, NY 11735
7 Times Sq, 44th Floor, New York, NY 10036
45 Rockefeller Plaza, New York, NY 10111-0100
347 5th Ave, Suite 1402, New York, NY 10016
450 7th Ave, Suite 408, New York, NY 10123
350 Motor Pkwy, Suite 308, Hauppauge, NY 11788
259 Mineola Blvd, Suite 200, Mineola, NY 11550
950 Third Ave, Suite 2400, New York, NY 10022
1211 6th Ave, 26th Floor, New York, NY 10036
2649 South Rd, Suite 100, Poughkeepsie, NY 12601
55 West 46th Street, New York, NY 10036-4120
700 White Plains Road, Suite 237, Scarsdale, NY 10583
100 Garden City Plaza, Garden City, NY 11530
136-18 39th Ave, 8th FL, Flushing, NY 11354
100 Quentin Roosevelt Bld, Ste 511, Garden City, NY 11530
75 S Broadway, Suite 403, White Plains, NY 10601
479 Merrick Rd., Lynbrook, NY 11563-2405
50 Main Street, Suite 425, White Plains, NY 10606
11 Broadway, Suite 615, New York, NY 10004
New Windsor Kidnapping Information
Lead Counsel independently verifies Kidnapping attorneys in New Windsor and checks their standing with New York bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
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.