Orange County Kidnapping Lawyer | New York City, Middletown, Newburgh and Goshen
Kidnapping charges are extremely serious, classified as a felony by both state and federal law. Therefore, if you have been arrested for kidnapping, you must act fast to protect your legal rights and best interests. Local authorities often work in combination with federal agents to find kidnapped individuals, and if you are found guilty of this crime, you could be sentenced to a lengthy time behind bars. Following an arrest for kidnapping, you deserve to tell your side of the story and a New York City Kidnapping Defense Lawyer at Whittel & Melton can make sure your voice is heard. We can help you prepare a strong defense with the hopes of achieving a successful outcome.
When you are arrested for a crime such as kidnapping, it is imperative that you are well aware of what your rights and legal options are. Depending on the details surrounding your charges, you could be looking at up to 50 years in prison if convicted. This is no time to risk your future, so you must make sure that you have assertive and effective legal counsel on your side. Contact an Orange County Kidnapping Attorney at Whittel & Melton today to learn about the possible defense strategies available to you. Call us 24/7 at 866-608-5529.
The Crime of Kidnapping in New York
Under New York law, kidnapping in the second degree is defined as taking another person and holding them against their will.
Kidnapping can be enhanced to a first-‐degree felony when it can be proven that the accused abducted another person with the intentions of collecting a ransom in order for the abducted individual to be returned. Additionally, in order to obtain a conviction, the prosecution must be able to prove that the accused detained the abducted individual for more than twelve hours and planned to do any of the following:
- Sexually Abuse or Physically Injure the Victim
- Threaten or Intimidate the Victim
- Advance the Commission of a Felony Crime
- Intrude upon Government Affairs or Politics
Finally, the prosecution must show that the abducted individual was killed during the commission of the kidnapping or before they were returned.
When is Kidnapping Charged as A Federal Offense?
Kidnapping can be charged as a federal offense in certain situations. Under the Federal Kidnapping Act, the federal government makes it a criminal offense to “seize, confine, inveigle, decoy, kidnap, abduct or carry away” an individual with the purpose of obtaining a ransom. The government could tack on a conspiracy charge if two or more people are involved in kidnapping another person. If the person abducted happens to be a child and the accused is not a relative or someone with legal custody of the child, the sentence can be enhanced to include a mandatory minimum of 20 years in prison.
In general, kidnapping is charged on the state level, but if the abducted individual is transported interstate or internationally, the federal government will take over and prosecute these charges.
Kidnapping Defense Lawyer in Manhattan, Chester, Warwick, Washingtonville & Port Jervis
If you have been accused of kidnapping, you must obtain aggressive legal representation immediately. These are not charges you want to mess around with as there is no minimum time frame requirement that a victim must be confined for in order for the prosecution to achieve a conviction. It does not matter if the abducted individual was held captive for a few minutes or even weeks, the accused can be still be found guilty if it can be shown that the victim was held against their will.
At Whittel & Melton, we know what is at stake for those accused of or charged with kidnapping. The consequences can impact your life forever. That is why we work tirelessly to provide our clients with an effective and compelling defense. Don’t delay; contact us today online or dial us statewide and toll‐free at 866‐608‐5529 to learn how we can help you.
We represent those accused of kidnapping, and all other criminal acts, throughout New York and NYC - Manhattan, Brooklyn, The Bronx, Queens, Staten Island, Middletown, Town of Walkil, Scotchtown, Newburgh, Goshen, Pine Bush, Monroe, Chester, Warwick, Washingtonville and Port Jervis.