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New York Penal Law § 135.20: Kidnapping in the Second Degree
KIDNAPPING IN THE SECOND DEGREE
New York Penal Law § 135.20
CHARGED WITH KIDNAPPING?
It’s serious. It’s life-altering. It demands urgent attention.
WE GET IT
If you or a loved one is facing charges under New York Penal Law § 135.20, know that this statute addresses Kidnapping in the Second Degree—a crime that carries steep penalties and the potential for long-term consequences. Below, we break down the specifics of this offense, what penalties you might face, and how our defense strategies can help protect your future.
WHAT IS NEW YORK PENAL LAW § 135.20?
Under New York Penal Law § 135.20, a person is guilty of Kidnapping in the Second Degree when he or she abducts another person. According to case law (see People v. White, 274 A.D.2d 770 [3d Dep’t 2000]), the term “abduct” typically means restraining a person with intent to prevent their liberation by either:
- Secreting or holding them in a place where they are not likely to be found, or
- Using or threatening deadly physical force.
Regardless of the motives—whether it’s a domestic situation gone wrong, a mistaken identity, or a heated dispute— Kidnapping in the Second Degree is a Class B felony in New York State, which means prosecutors and judges treat these charges very seriously.
PENALTIES AND PUNISHMENT
Kidnapping in the Second Degree can result in:
- Up to 25 years in a New York State prison.
- Hefty fines, sometimes running into tens of thousands of dollars.
- A permanent felony record, which can negatively affect employment, housing, and more.
AS SERIOUS AS IT GETS
Unlike some other felonies, kidnapping allegations often involve accusations of physical restraint or intimidation. Courts in New York are very protective of alleged victims in these cases, which can make it more challenging to negotiate plea bargains or reduced charges. Still, it doesn’t mean you’re out of options.
OUR DEFENSE STRATEGIES
REGARDLESS of the strength of the prosecution’s case, there are always potential defenses. Regardless of what law enforcement says happened, we dig deeper to find the truth. Regardless of how complicated your circumstances are, we fight for you.
- Mistaken Identity
- In high-stress situations, witnesses can easily misidentify the alleged perpetrator. We investigate all evidence—security footage, phone records, and witness statements—to show that you weren’t the one involved.
- Lack of Intent to Abduct
- Kidnapping charges hinge on the intent to restrain someone unlawfully and prevent their liberation. If there was no actual intention to keep the person hidden or to use deadly physical force, the case for kidnapping may weaken.
- Consent or Misunderstanding
- Sometimes, personal or familial disputes escalate to the point where someone claims kidnapping. We examine the circumstances carefully, looking for possible evidence that the alleged “victim” consented to travel or remain in your presence.
- Violation of Your Constitutional Rights
- Illegal search, seizure, or interrogation tactics can taint the prosecution’s case. If law enforcement overstepped, we push to exclude that evidence, often leading to a reduction or dismissal of charges.
WE PROTECT YOU
At Spodek Law Group, our team of NYC CRIMINAL ATTORNEYS has over 50 years of combined experience defending clients against serious felonies. We know how to negotiate with prosecutors, mount a thorough investigation, and—when necessary—take your case to trial to fight for an acquittal.
WHAT SHOULD YOU DO IF YOU’RE ACCUSED?
STEP ONE: REMAIN SILENT
Law enforcement officers often rely on your statements to build a case. Politely decline to answer questions until you have legal counsel present. Your words can be used against you.
STEP TWO: CONTACT US IMMEDIATELY
The sooner we begin your defense, the stronger it becomes. We are available 24/7 to discuss your situation and start strategizing.
STEP THREE: DOCUMENT EVERYTHING
Keep records of the incident—texts, emails, or witness details. Bring this information to your first meeting with our defense team so we can analyze every angle.
HEADLINE DEFENSE
“ACCUSED OF KIDNAPPING IN SECOND DEGREE, BUT EVIDENCE DOESN’T MATCH.”
We’ve seen it before—big charges, big headlines, big confusion. Our role is to dissect the case’s moving parts, looking for weaknesses in the prosecution’s evidence. Once we find them, we use them to your advantage.
WHY SPODEK LAW GROUP?
OVER 50 YEARS OF COMBINED EXPERIENCE
Our attorneys are seasoned in the complexities of New York’s criminal justice system. We’ve handled high-profile cases that garnered national media attention. We know how prosecutors think, and we know how to counter their strategies.
DEDICATED, FOCUSED, RELENTLESS
We don’t stop at the first sign of success. We push, and push, and push again, looking for new ways to secure your freedom and protect your rights.
NATIONWIDE REPUTATION
Even though this is a New York offense, our firm’s reach is coast to coast. Our experience in federal and state courts across the country gives us a wider perspective on how to tackle your unique situation.
FREQUENTLY ASKED QUESTIONS
Is Kidnapping in the Second Degree always charged as a felony?
Yes. Under New York Penal Law § 135.20, Kidnapping in the Second Degree is classified as a Class B felony. It carries severe potential prison time if convicted.
Can the charges be reduced to Unlawful Imprisonment or another lesser offense?
Absolutely possible. Depending on the evidence, we can argue for lesser charges, like Unlawful Imprisonment, especially if the prosecution’s case lacks proof of “abduction” or intent to use deadly force.
Do I really need a private attorney?
Yes. The stakes are high. Prison time could be decades long. Public defenders are hardworking, but often overwhelmed. Having a dedicated criminal defense team means personalized attention and a thorough defense strategy.
YOUR NEXT STEP: RISK-FREE CONSULTATION
We understand how overwhelming this experience is. We also understand you can’t afford to take chances. Call us for a free, no-obligation consultation. Let us review your situation, explain your rights, and outline a strategy tailored to your unique case.
Contact us today.
We’re here to help you. Protect you. Defend you.