New York Kidnapping
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New York Kidnapping Lawyer Explains Simple Kidnapping vs. Abducting and the Increased Kidnapping Sentencing Guidelines.
Kidnapping is both a felony in the New York Criminal Court System as well as in the Federal System. Both are rigorously prosecuted and quite often law enforcement officials from New York State work together with Federal Law enforcement agencies to find Kidnapping victims. The common definition for Kidnapping is to forcibly deprive another of his freedom by holding an individual against his or her will without the opportunity to leave.
Simple Kidnapping is generally thought to be of a short duration. However, kidnapping in many instances winds up as a Gateway Crime. Numerous times there are other crimes that evolve from the original Kidnapping case. Very often Kidnapping cases escalate and turn into Sex Crimes (Rape, Sex abuse, Sodomy) or perhaps a Homicide Case (Murder, Manslaughter, etc.) or even both. Those instances where someone is physically injured or sexually assaulted can bring rise to Aggravated Kidnapping Abduction which is a form of Kidnapping in which the defendant has a long term plan and their intention is never to return the person. This happens many times when children are taken. These types of charges are often brought against family members in Parental Kidnapping Cases. It is important to note that in any Kidnapping case in New York State there is no requirement of a minimum time period that the victim is to be forcibly confined. Any New York Kidnapping Lawyer will tell you that if the District Attorney can successfully prove that the victim was illegally held for 5 minutes or five days the defendant will be found guilty.
In October, 2008 a statute went on the books that doubled the sentencing that a criminal defendant could face as a result of Kidnapping. It raised the potential imprisonment to 50 years. The Government believes that this will be a significant deterrent and will discourage the Kidnapping of children and the trafficking of sex slaves. The new law will also deter those who would try to kidnap for ransom.
If you have been charged with Kidnapping in either New York State or in the Federal System, you should hire a New York Kidnapping Lawyer. The New York Criminal Lawyers at Stephen Bilkis & Associates, PLLC will aggressively defend you and offer a free consultation at our convenient locations throughout the New York Metropolitan area. We are available to you in NYC including the Bronx, Brooklyn, Queens and Manhattan and on Long Island in both Nassau County and Suffolk County. Call us 1.800.NY.NY.LAW to set up the free consultation. Again, the number is 1.800.NY.NY.LAW.