Kidnapping Lawyer in Rochester

Former Prosecutors Focused on New York’s Restraint & Abduction Laws

Kidnapping allegations require close attention to what happened, how long any movement or confinement lasted, and whether the evidence supports restraint or the more serious legal concept of abduction. At DeCarolis Defense, we draw on our experience as former Monroe County prosecutors to examine these distinctions and protect the defense record from the beginning.

Don’t discuss the accusation with investigators or contact the complainant before receiving legal advice. Preserve messages, videos, location records, and other relevant material without altering or deleting anything.

Call (585) 639-3111 to speak with our Rochester criminal defense attorneys about an investigation, arrest, or pending charge.

Kidnapping & Unlawful Imprisonment Under New York Law

New York Penal Law Article 135 separates unlawful imprisonment, which centers on restraint, from kidnapping, which requires abduction. The statutory definitions, alleged criminal intent, duration, and purpose of the conduct can determine the charge.

Unlawful Imprisonment

Restraint generally means intentionally and unlawfully restricting another person’s movement in a way that substantially interferes with that person’s liberty. It can involve moving or confining someone without consent and with knowledge that the restriction is unlawful.

• Second-degree unlawful imprisonment: This offense is generally charged as a class A misdemeanor when the allegation involves restraining another person.
• First-degree unlawful imprisonment: This class E felony adds an allegation that the restraint exposed the person to a risk of serious physical injury.

Kidnapping in the Second Degree

Kidnapping in the second degree is a class B felony based on abducting another person. Under Article 135, abduction means restraint combined with an intent to prevent liberation by secreting or holding the person where discovery is unlikely, or by using or threatening deadly physical force.

Kidnapping in the First Degree

Kidnapping in the first degree is a class A-I felony. It requires abduction plus additional circumstances, such as a ransom demand, death during the abduction, or confinement lasting more than 12 hours for a purpose specified by statute. Those purposes can include injuring or sexually abusing the person, advancing another felony, terrorizing someone, or interfering with a governmental or political function.

Article 135 also covers offenses such as coercion and custodial interference. The applicable charges depend on the alleged conduct, the relationship between the people involved, and the prosecution’s evidence.

What Happens After a Rochester Kidnapping Arrest

A case may begin with police questioning, an arrest, or a felony arraignment. Initial proceedings may occur in Rochester City Court or another local court. Following an indictment, a felony case generally moves to Monroe County Court, although the path depends on the filed charges and procedural history.

We guide clients through court appearances, criminal discovery, motion practice, negotiations, and trial preparation. Our review may cover police reports, witness accounts, recorded statements, surveillance video, phone and location data, medical evidence, and other materials related to identity, movement, intent, or consent. We also conduct defense investigations and may use private investigators and expert witnesses when appropriate.

Evidence preservation is critical early in a case. Recordings may be overwritten, devices replaced, and witness recollections altered with time. Prompt action can preserve information needed to evaluate the prosecution’s account.

Key Defense Issues in Restraint & Abduction Cases

A charge isn’t proof that the prosecution’s account is accurate. We begin by examining each element the government must establish beyond a reasonable doubt.

Important areas for review can include:

• Restraint: Whether the conduct substantially interfered with the complainant’s liberty and occurred without consent.
• Abduction: Whether the evidence supports concealment, deadly physical force, or a threat of deadly physical force.
• Intent: Whether statements, conduct, and surrounding circumstances establish the required criminal intent.
• Duration and purpose: Whether the alleged confinement meets the requirements of the prosecution’s chosen degree or theory.
• Identity and credibility: Whether accounts, recordings, physical evidence, and digital records reliably identify the accused and support the allegations.
• Statutory defenses: Whether a defense recognized under Article 135 applies to the facts and relationships involved.

New York’s merger doctrine may also apply when restraint is alleged alongside another crime. Courts generally examine whether the confinement was a separate criminal act or merely incidental and inseparable from another charged offense. This requires a fact-specific review because an allegation of movement doesn’t automatically support a separate kidnapping count.

More Than Three Decades of Combined Criminal Defense Experience

Both of our attorneys began their careers as prosecutors with the Monroe County District Attorney’s Office. That background gives us insight into how felony allegations are investigated, charged, negotiated, and presented in court.

We bring more than three decades of combined experience across thousands of criminal cases and hundreds of trials. Our attorneys have also received recognition from Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys.

Our representation begins with listening to your account and identifying the facts, needs, and goals that shape the case. We then test the prosecution’s theory, conduct our own investigation, and explain the strategy behind each step. Depending on the evidence, a case may call for targeted motions, negotiations, contested hearings, or trial. We prepare for each possibility while keeping you informed about your options and their potential consequences.

Get Legal Advice Before You Make a Statement

If you’re under investigation or facing a kidnapping or unlawful imprisonment charge, contact our firm for a free initial consultation. We can discuss what happened, identify immediate evidence concerns, and explain what to expect next.

We explain pricing at the beginning of the case and prioritize responsive communication throughout our representation. Until you receive advice tailored to your circumstances, don’t post about the accusation, contact witnesses, or answer investigators’ questions.

Call (585) 639-3111 to arrange your free initial consultation with DeCarolis Defense.