There are many different kinds of legal issues. Some are more serious than others. One of the most serious is a crime known as kidnapping. Kidnapping has a highly specific legal meaning. Under the New York state penal code, this particular charge is considered one with potentially far reaching consequences that may include a very long prison sentence. Most people think of kidnapping as involving a demand for a ransom of some sort. However, under such laws, a ransom demands is not required in order for someone to be charged with this crime even if no such demands for ransom were made. Anyone who is facing such charges should also keep in mind that people need not be moved a long distance in order for the person in question to charged under such laws. If the person moves another person against their will to a house on the same block, this is enough to be considered kidnapping under state laws.
Under state laws, there are two forms of kidnapping: first degree and second degree. Kidnapping in the second degree is a crime that needs someone was abducted. When someone was abducted, that means that the someone moved another person and then held then against their will in a place where they were unlikely to be found. For example, in the aftermath of a bad breakup, one party asks the other party to come with them to a coffee shop. The person agrees to pick up the other party at their home. However, rather than bringing that person to the coffee shop, they transport them to another place. Once at the place, they do not allow the person to leave unless they agree to get back together. This is what is considered kidnapping in the second degree under state laws.
In addition to being charged with this form of crime, those who do so may be liable under other laws. For example, they can be charged with other forms of additional crimes such as unlawful imprisonment in the second degree or unlawful imprisonment in the first degree. They can be charged kidnapping in the first degree. Anyone who is facing such charges should be aware of the kind of defenses that are available to them as the legal process continues through the courts.
Consent is the basis of many defenses of kidnapping. If the person who was removed to another location did so on a voluntary basis and the person being accused can show this, it can mean that the charges may possibly be dismissed. A person can also demonstrate that they are a relative of the person. In that case, they were only removing the person in question to another place in order to assume responsibility for their care in some way. All those who are accused of this crime should keep in mind that it is considered a class B felony under the laws of New York state. As such, there may be highly severe penalties that can be life changing and lead the person to have a serious record for the rest of their lives.
Under state laws, those who have been convicted of this crime can be sentenced to prison for over twenty-five years or even longer. In addition, under state laws, kidnapping in the second degree is considered a violent felony offense. Under New York state laws, such crimes carry mandatory minimum sentences. Those who are convicted of this kind of felony will find themselves facing at least five years in prison. Even those with no other convictions will fall in the category of those who will need to serve a certain amount of time in prison before they be eligible for parole or full release. Under these circumstances, it is hugely important to have the best possible legal assistance. Such legal help can provide anyone being charged with the ideal counsel under existing state laws
