Kidnapping is among the most serious offenses in the New York Penal Code, carrying consequences that can result in life imprisonment. Under PL §135.00, kidnapping involves abducting another person — meaning restraining them in a way that interferes with their liberty, whether through force, intimidation, deception, or by hiding them so they are unlikely to be found.

Kidnapping in the second degree (PL §135.20) is a Class B violent felony, carrying a mandatory minimum sentence of five years and a maximum of 25 years in state prison. It applies in situations where a person is abducted but the circumstances do not meet the threshold for the more serious first-degree charge.

Kidnapping in the first degree (PL §135.25) is a Class A-I felony, the most severe classification in New York criminal law. The charge applies when the abduction is combined with a ransom demand, when the victim is held for more than 12 hours with the intent to cause injury or sexual abuse, when the abduction is part of a felony or a terrorism-related act, or when the victim dies during the course of the abduction. A Class A-I felony conviction carries a minimum of 15 to 25 years in prison, with a maximum of life.

To secure a conviction, prosecutors must prove beyond a reasonable doubt not only that the defendant restrained the victim, but that they did so intentionally and without the victim’s consent. New York courts have recognized that many kidnapping charges arise from custody disputes, domestic situations, or factual circumstances that are far more ambiguous than the charge implies. We examine every element the prosecution must establish — looking for weaknesses in the evidence, witness credibility issues, consent-based defenses, and constitutional violations in the investigation — and we retain the experts necessary to challenge the government’s account.