Custodial Interference in the First Degree is a New York crime that prohibits individuals from intentionally removing a child or incompetent person from their lawful custodian. The offense is more serious than Custodial Interference in the Second Degree as it involves an additional requirement that the prosecution establishes the defendant either intended to remove the victim from the state permanently or exposed them to a risk to their health or safety. Custodial Interference in the First Degree is a Class A misdemeanor.
The Elements of Custodial Interference in the First DegreeAll criminal offenses are made up of certain elements. Before a judge or jury can convict anyone of Custodial Interference in the First Degree, the government must prove each element of the offense beyond a reasonable doubt.
The elements of Custodial Interference in the First Degree are:
And either;
Or,
Custodial Interference in the First Degree also applies to any person entrusted into the custody of another. The only difference is that there is no requirement related to the victim’s age.
Examples of Custodial Interference in the First DegreeExamples of Custodial Interference in the First Degree include the following:
Often, prosecutors bring Custodial Interference in the First Degree charges along with one or more of the following:
There are several defenses to Custodial Interference in the Second Degree. A successful defense may reduce your sentencing exposure, result in the prosecution withdrawing the case against you, or give the jury reason to return a “not guilty” verdict.
The most common defenses include the following:
While proving that you were not related to the child victim may be a defense to Custodial Interference, practically speaking, proving you are unrelated to the victim could result in the prosecution pursuing kidnapping charges.
What Are the Penalties for Violating NY Penal Law § 135.50?Custodial Interference in the First Degree is a Class E felony. In New York, Class E felonies carry a maximum sentence of up to four years in jail and a fine of up to $5,000. Additionally, although not a criminal punishment, being found guilty of Custodial Interference in the First Degree can impact your custody rights.
Speak With an Experienced New York About Your Custodial Interference ChargesIf you were charged with Custodial Interference in the First Degree, it is imperative that you work with a dedicated New York criminal defense attorney who has specific experience handling these complex and high-stakes cases. At Tilem & Associates, P.C., our custodial interference lawyers have decades of experience and have handled countless cases involving these charges, and know what it takes to ensure your case ends in the best result possible. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.