Article 135 of the New York Penal Law is dedicated to kidnapping, coercion, and related offenses. The difference between a kidnapping crime and an unlawful imprisonment offense in New York depends on whether the alleged offender restrained or abducted the alleged victim.
Under New York Penal Law § 135.00, restrain is defined as restricting a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his or her liberty by moving him or her from one place to another, or by confining him or her either in the place where the restriction commences or in a place to which he or she has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined “without consent” when such is accomplished by:
- physical force, intimidation or deception; or
- any means whatever, including acquiescence of the victim, if he or she is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.
Abduct, on the other hand, means to restrain a person with intent to prevent his or her liberation by either secreting or holding him or her in a place where he or she is not likely to be found, or using or threatening to use deadly physical force.
In most cases, restraining another person constitutes unlawful imprisonment while abduction results in kidnapping charges.
Lawyer for Unlawful Imprisonment Arrests in Nassau County, NY
Were you arrested for allegedly committing an unlawful imprisonment offense in New York City? Do not say anything to authorities until you have first contacted Law Office of Stephanie Selloni.
Garden City criminal defense attorney Stephanie Selloni aggressively defends people accused of violent crimes in North Hempstead, Glen Cove, Garden City, Freeport, Massapequa Park, and several surrounding areas on Long Island.
Call (516) 972-1212 to have our lawyer provide an honest and thorough evaluation of your case during a free initial consultation.
Overview of Unlawful Imprisonment Crimes in New York
- How can a person be charged with unlawful imprisonment?
- Are there any defenses against these types of charges?
- Where can I find more information about unlawful imprisonment in Garden City?
New York Penal Law § 135.05 establishes that a person commits unlawful imprisonment in the second degree when he or she restrains another person. Unlawful imprisonment in the second degree is a class A misdemeanor.
A person commits unlawful imprisonment in the first degree under New York Penal Law § 135.10 if he or she restrains another person under circumstances which expose the alleged victim to a risk of serious physical injury. Unlawful imprisonment in the first degree is a class E felony.
Serious physical injury is defined in New York Penal Law § 10.00.10 as “physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”
A conviction for the class A misdemeanor offense of unlawful imprisonment in the second degree is punishable by up to one year in jail. A conviction for the class E felony offense of unlawful imprisonment in the first degree can result in a sentence of up to four years in prison.
New York Penal Law § 135.15 establishes that in any prosecution for unlawful imprisonment, it is an affirmative defense that:
- the person restrained was a child less than 16 years old;
- the alleged offender was a relative of such child; and
- his or her sole purpose was to assume control of such child.
Help for Crime Victims | Office of Victim Services — The Office of Victim Services has a three-tiered mission to provide compensation to innocent victims of crime in a timely, efficient and compassionate manner; fund direct services to crime victims via a network of community-based programs; and advocate for the rights and benefits of all innocent victims of crime. Use this website to search for local crime victim resources. You can also learn more about compensation, victim assistance programs, and the rights of crime victims.
Crime Victim Assistance | City of New York | NYC.gov — Access numerous crime victim resources on this section of the official website of the City of New York. Find information about Safe Horizon, which helps clients with receiving restitution from probationers and making claims for compensation with the New York State Crime Victims Board, and the Victim Information Notification Everyday (VINE) system, which allows crime victims to register to receive updates on the status of an inmate, including scheduled release date and transfer information. You can also find information about elder abuse and services for senior crime victims.
Law Office of Stephanie Selloni | Garden City Unlawful Imprisonment Defense Attorney
If you were arrested for unlawful imprisonment in New York City, it is in your best interest to not say anything to authorities until you have legal counsel. Contact Law Office of Stephanie Selloni as soon as possible.
Stephanie Selloni is an experienced criminal defense lawyer in Nassau County who represents individuals in Mineola, Lynbrook, Oyster Bay, Long Beach, Hempstead, and many other nearby areas on Long Island.
You can have our attorney review your case and discuss all of your legal options when you call (516) 972-1212 or complete an online contact form to schedule a free initial consultation.