Criminal Defense Lawyers

New York Penal Law § 135.50: Custodial Interference in the First Degree

New York Penal Law § 135.50: Custodial Interference in the First Degree
If you’re on our website, it’s because you, or a loved one, is dealing with a serious legal issue: Custodial Interference in the First Degree under New York Penal Law § 135.50. At Spodek Law Group, we understand the stakes of this legla issue. Our criminal defense law firm knows you’re worried about the future and you need a criminal defense attorney who takes your case seriously. We are here to help you navigate this legal issue, explain your options, and build a strong defense strategy.

Understanding Custodial Interference in the First Degree

Custodial Interference in the First Degree usually involves unlawfully taking or keeping a child under sixteen away from the lawful custodian—especially if the child is permanently removed from the state or exposed to a risk of harm. This is a Class E felony in New York. Conviction of this type carry very real penalties, which can include up to four years of imprisonment. Our legal team has over 50 years of combined experience handling tough cases nationwide, so we’re prepared to fight for you.

We understand how complex this charge is. Sometimes the “interference” stems from a misunderstanding about who has lawful custody. Other times, it might involve crossing state lines. Whenever a child is moved across state borders, there’s a chance federal authorities might look at your case. We know it’s scary to think about local and federal charges at the same time. Our team can help you with both.

Potential Penalties Under NY Law and Possible Overlap with Federal Charges

If you’re convicted in New York State court of first-degree custodial interference, you could face many potential punishments, such as:

Federal charges can result in tougher sentencing guidelines, especially if prosecutors allege kidnapping under 18 U.S.C. § 1201. Double jeopardy usually doesn’t prevent separate prosecutions by the state and federal government if both claim jurisdiction. This is why we focus on minimizing exposure in both courts and aim to resolve the state case before the federal system gets involved.

Defense Strategies: We Look at Every Angle

At Spodek Law Group, our only goal is to win your case. We’ve handled situations like the one you’re facing before. We know how to present defenses that expose weaknesses in the prosecution’s case, whether it’s in state or federal court. Here are a few strategies we often consider:

1. Challenging Intent
   • If you didn’t intend to violate custody orders, or you believed you had the right to travel with the child, there might be no criminal intent. We can highlight court orders, emails, or text messages that show a mistake rather than a willful violation.
2. Emergency Situations
   • We’ve seen cases where a parent believed the child was in serious danger. If you moved the child in good faith to avoid harm, that factor can influence negotiations with prosecutors or even lead to a dismissal. We often bring in experts and relevant documents to show it wasn’t about ignoring custody orders—it was about protecting a child.
3. Negotiations to Avoid Federal Charges
   • If there’s any possibility of federal prosecution, we try to address that risk. The key is often reaching an agreement in state court which resolves the matter before federal authorities step in. We make sure you understand the pros and cons of any potential plea bargain or cooperation.
4. Lack of Evidence
   • If the government can’t prove every element beyond a reasonable doubt, that’s a way to dismissal or reduced charges. We dig into how law enforcement gathered evidence. If procedures weren’t followed, or if there’s conflicting testimony about who did what, we’ll highlight those inconsistencies.
5. Misidentification
   • On rare occasions, the accused might not be the person who interfered with custody. We’ve handled cases involving witness confusion and unreliable identification. If that’s an issue, we can present alibi evidence, cross-examine eyewitnesses, and demonstrate the prosecution can’t meet its burden.
6. Mitigating Factors
   • In some cases, even if you did remove the child, there might be mitigating circumstances that make it so you deserve a more lenient outcome. We know from experience our extensive experience that a strong argument for mercy can lead to probation or alternative sentencing if the court sees no malicious intent.

How Federal Sentencing Guidelines May Come Into Play

If federal authorities charge you with kidnapping or a related offense, the Federal Sentencing Guidelines will impact your exposure. Those guidelines usually take into account things like your criminal history, aggravating factors, and the nature of the alleged conduct. We’ve represented clients in federal court and know how to create a well-documented profile showing why maximum penalties aren’t warranted. For example, if you’ve never been in trouble before and acted under extreme emotional stress, that can matter a lot at the time of your sentencing.

Unique Challenges and Practical Insights

When dealing with custodial interference, it’s not just a legal issue—family dynamics play a major role. We’ve seen cases where a custody order was unclear, or never formally modified after one parent moved. We look into every detail—court filings, previous attorneys’ correspondence, out-of-state judicial records. Our firm invests in thorough investigation because each piece of evidence can change the trajectory of your case.

We also know how emotional these cases can get. We’ve had clients who didn’t realize taking the child out of town, even briefly, might lead to felony case. We want you to stay calm and gather all relevant documents. If the other side is trying to turn a civil dispute into a criminal charge, you need to hire our law firm ASAP. We’re available 24/7 for a risk-free consultation, so you can reach us whenever you’re ready.