Kidnapping Defense Lawyer in Nassau County
Strategic Felony Defense From Former Prosecutors
A kidnapping charge in Nassau County carries some of the most severe sentencing exposure in New York’s Penal Law. How that charge is classified, and whether statutory defenses apply, can be the difference between a violent felony offense and a Class A-I felony with a maximum term of life imprisonment. At Lerner & Lerner, P.C., Richard Lerner and Kimberly Lerner are a father-daughter attorney team, both former prosecutors, with more than 70 years of combined legal experience. That background shapes every defense strategy they build, including the prosecutor-side knowledge of how these cases are constructed and where they can be challenged.
A kidnapping accusation demands an immediate response. Call Lerner & Lerner, P.C. at (516) 586-0383 to speak with our attorneys 24/7 and schedule your free consultation.
Why Clients Trust Lerner & Lerner, P.C. With High-Stakes Charges
Kimberly Lerner has served as a featured legal correspondent on MSNBC, CNN, Fox News, and other national networks. Both Richard and Kimberly hold the AV Preeminent rating from Martindale-Hubbell, the highest distinction awarded through that peer review process, and the firm has been recognized by Super Lawyers. These credentials matter when the charge you’re facing could result in decades in prison.
Second-Degree vs. First-Degree Kidnapping Under New York Law
New York Penal Law draws a clear line between two degrees of kidnapping, and the distinction carries enormous consequences. Understanding where a charge falls is the first step in building a defense.
Kidnapping in the Second Degree (Penal Law 135.20) occurs when a person abducts another, meaning they restrain someone with the intent to prevent liberation by secreting that person where they’re unlikely to be found, or by using or threatening deadly physical force. This is a Class B violent felony offense. Under Penal Law 70.02, a Class B violent felony carries a determinate sentence of at least five years and no more than twenty-five years.
Kidnapping in the First Degree (Penal Law 135.25) applies when the abduction involves additional aggravating factors: a ransom demand or coercion directed at a third party; restraint exceeding twelve hours with intent to inflict injury, sexually abuse the victim, advance another felony, terrorize, or interfere with a governmental or political function; or when the abducted person dies during the abduction. This offense is charged as a Class A-I felony under Penal Law 70.00, carrying an indeterminate sentence with a minimum period of at least fifteen years, a maximum minimum of twenty-five years, and a maximum term of life imprisonment. These are the ranges New York law authorizes; the outcome in any individual case depends on the specific facts, the evidence, and how effectively the defense is presented.
Affirmative Defenses & Related Charges in Nassau County
Not every situation charged as kidnapping proceeds to trial as one. Several legal routes can reduce exposure significantly.
Under Penal Law 135.30, New York recognizes an affirmative defense when the defendant is a relative of the person abducted and the sole purpose of the abduction was to assume control of that person. This defense frequently arises in parental custody disputes where one parent takes a child without authorization. Depending on the facts, consent by the person allegedly restrained may also be relevant to the defense.
In custody and family conflict situations, prosecutors and defense attorneys often address related unlawful imprisonment charges as well. Unlawful imprisonment in the second degree, defined as restraining another person, is a Class A misdemeanor under Penal Law 135.05. Unlawful imprisonment in the first degree, which involves restraint under circumstances that expose the victim to a risk of serious physical injury, is a Class E felony under Penal Law 135.10. The gap between a kidnapping indictment and an unlawful imprisonment charge is significant, and identifying which charge the facts actually support is a core part of the defense work we do.
How a Nassau County Kidnapping Case Moves Through the Courts
Arraignment and preliminary felony proceedings take place at Nassau County District Court in Hempstead. If the case proceeds to Grand Jury indictment, it transfers to Nassau County Court in Mineola, which has authority to conduct felony trials. First-degree kidnapping cases may fall under the jurisdiction of the Nassau County District Attorney’s Major Offense/Homicide Bureau, which handles serious violent felony offenses committed within the county.
Our attorneys work directly with local court clerks, prosecutors, and judges in Nassau County. That familiarity with the people and processes involved informs how we approach each stage, from arraignment through pretrial motions and, when necessary, trial.
Contact Lerner & Lerner, P.C. About a Kidnapping Charge in Nassau County
If you or someone you know is facing a kidnapping accusation, the time to act is now. Our attorneys are available 24 hours a day, seven days a week, and we offer a free consultation to discuss the facts of your case.
Call Lerner & Lerner, P.C. at (516) 586-0383 to speak with our team today.
