New York criminal charge
Custodial interference in the second degree in New York
Custodial interference in the second degree is a Class A Misdemeanor under New York criminal law, defined by N.Y. Penal Law § 135.45. As a Class A Misdemeanor, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 135.45.
What is the penalty for custodial interference in the second degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
Common questions about custodial interference in the second degree in New York
What class of misdemeanor is custodial interference in the second degree in New York?
Custodial interference in the second degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 135.45.
What are the penalties for custodial interference in the second degree in New York?
As a Class A Misdemeanor, custodial interference in the second degree carries up to 364 days (the maximum authorized for the class) of incarceration and a fine of up to $1,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.15 (current).
Which New York statute covers custodial interference in the second degree?
Custodial interference in the second degree is governed by N.Y. Penal Law § 135.45 (Custodial interference in the second degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.