In this article, our experienced Buffalo criminal defense attorney explains what you should know about defending against unlawful imprisonment.
Defending Against Unlawful Imprisonment | Possible Defenses
As a dedicated Buffalo criminal attorney, I often speak to clients about defenses they can take when arrested for unlawful imprisonment. If you have been charged with unlawful imprisonment in the first or second degree in New York State, a defense may be available to you. If, while disciplining a child less than 16 years of age, a person who is a relative of that child is restraining the child for the sole purpose of gaining control of the child, that is considered an affirmative defense in New York State. In cases where a relative is merely gaining control of a child, the accused person may be found not guilty or have the charges dismissed.
Defending Against Unlawful Imprisonment | First Degree Charges
As a Buffalo criminal defense lawyer, I often defend clients that have been charged with unlawful imprisonment in the first degree. This Class E felony is punishable by up to four years in a state prison. Unlawfully restraining a person against their will and exposing them to the risk of serious physical injury constitutes unlawful imprisonment.
Defending Against Unlawful Imprisonment | Second Degree Charges
New York State considers unlawful imprisonment in the second degree a Class A misdemeanor. Unlawfully restraining someone against their will is chargeable as unlawful imprisonment. This Class A misdemeanor is a criminal offense, and conviction will cause the offender to have a criminal record. Second degree unlawful imprisonment may be punished with as much as a year in jail and/or a $1,000 fine.
Were you or a loved one charged with unlawful imprisonment? Contact dedicated Buffalo criminal lawyer Arthur Pressman today for immediate help.
