Unfortunately for the defendants in these cases, the reality is that all too often, people are quick to jump to conclusions where allegations of kidnapping and abduction are involved.  Instead of being attacked by assumptions, you deserve a comprehensive investigation into the details of your case in the pursuit of justice.  Let attorney Victor Knapp offer dedicated legal support during this challenging time.

Victor Knapp has over 33 years of experience representing thousands of clients in Queens and throughout the five-borough area.  No matter what allegations you may be facing, you are entitled to the benefit of having experienced and committed legal representation on your side.  If you are facing abduction charges, Victor Knapp can provide counsel and advocate aggressively on your behalf, so call right away to start discussing your matter.

Oftentimes, people tend to have a very specific and theatrical mental image of what “kidnapping” entails.  However, in reality, the legal definition of this offense is much different.

In New York, kidnapping is addressed by Article 135 of the Penal Code, and is broken down into two different classifications: second degree, and first degree. How are they different?

Under S 135.20, “A person is guilty of kidnapping in the second degree when he abducts another person.”  Abduction is legally defined as “restraining a person with intent to prevent his liberation,” by either:

• “Secreting or holding him in a place where he is not likely to be found.”
• “Using or threatening to use deadly physical force.”

The definition of kidnapping in the first degree is more elaborate.  A person can be charged at this level if he or she abducts a person, and either:

• Intends to “compel a third person to pay or deliver money or property as ransom.”
• Intends to compel a third person to perform (or not perform) a certain task.
• Restrains the abductee for at least 12 hours with the intent of any of the following:
  • Causing physical injury.
  • Committing sexual abuse.
  • “Accomplishing or advancing the commission of felony.”
  • Terrorizing the abductee.
  • Interfering with a “governmental or political function.”

Kidnapping can also be charged in the first degree if the abductee “dies during the abduction or before he is able to return or to be returned to safety.”