There are many laws, in the United States, that relate to protecting children. Some of these laws are designed to protect adults and children who are in the lawful custody of an institution or an individual. If you take one person who is lawfully in the custody of the other person, you may face conviction because you have committed a crime. If you go ahead and treat that person in a manner that suggests you want to cause harm to that person or remove them from New York, you are likely to face a first-degree custodial interference charge. Under the New York Penal Code, first-degree custodial interference charge is defined as:
1. Taking someone who is in the custody of an institution as stated in the law.
2. Taking an incompetent person from the care of an individual or an institution.
3. Taking a relative who has a 16-year-old child and below from their custody with the intention to have the child kept away for a protracted period or permanently.
And you also
1. Take that child or person to another state, or
2. Put that person’s health at the risk of disease.
Julie was entitled to a visitation with her 10-year-old son for two days a week. While the father of the child was issued a lawful physical custody of the child for four days a week, the mother was given three days a week. However, the father was not at home when she arrived. Because of this, he did not respond to the sent phone messages. For her, the action of ignoring these messages was not unusual. For her, she decided to keep the child because her father was not there. For two months now, Julie decided to move to another state because she found a better job at that place. For three months now, the father has been pleading with Julie to return the child to him. However, his actions have never bore any fruits. Because of her repeated actions, he decided to report the matter to the police. Julie could face prosecution for the first-degree custodial interference charge as she took the child to another state and decided not to return the child to the father as stated by the court order. However, Julie may have a valid defense that her child was abandoned by the father.
1. First-degree kidnapping charge: New York Penal Law 135:25
2. Second-degree custodial interference: New York Penal Law 135:45
Under the first-degree custodial interference statute, it is a very wrong action to take a person who is lawfully in the custody of another person. However, you can have a valid defense if that person has been abandoned or is subjected to mistreatment or abuse.
Because first-degree custodial interference is a Class E felony, a four-year prison term is the longest time you can stay in the correctional department. If you have no previous convictions, the judge may choose to give you a five-year probation term in the correctional facilities instead of the actual prison term.
The NYC Criminal Attorneys Law Firm
It is a serious offense to be charged with the first-degree custodial interference. For this reason, you are likely to face a four-year prison term. In this case, your custody agreement could be jeopardized with your child and the relationship you have with your friends and family. Whenever you are charged with such an offense, you can consider calling an experienced legal representative you back you up. The staff at NYC Criminal Attorneys Law Firm is extremely experienced in representing clients in criminal courts. For this reason, contact them for a free consultation session.