Last week we represented a client at a federal sentencing in the Southern District of New York who was charged with Kidnapping; the client received a 36 month sentence, despite the fact that he was initially facing a 20 year mandatory minimum sentence when he was indicted. United States v. Santellan Maigua, 15 CR 822 (SDNY)(DLC). And this occurred without the client cooperating with the government. How we got to 36 months from 20 years is a primer in how “winning” a criminal case in New York federal court or elsewhere sometimes must be done in careful, multiple phases and requires different types of advocacy throughout – and why hiring a top New York criminal defense attorney can make the difference between a life destroyed and a life saved in the federal courts. Continue reading
Being charged in federal court with Kidnapping, in violation of 18 U.S.C. § 1201, is a life altering event – a conviction of this crime carries with it some of the most severe punishments, including the possibility of mandatory life imprisonment and the death penalty. Indeed, even the charge of attempted kidnapping is punishable by up to 20 years imprisonment (18 U.S.C. § 1201(d)), and if the victim of an alleged kidnapping is under the age of 18 and the defendant has reached such such age and is not a close family member or legal custodian, the crime becomes punishable by a mandatory minimum sentence of 20 years imprisonment (18 U.S.C. § 1201(g)). A defendant facing such draconian consequences of conviction is literally fighting for his life and has no choice but to retain a top New York, New Jersey or Connecticut federal criminal attorney who has experience with this complex charge and is familiar with the potential ways to avoid a high mandatory minimum sentence of 20 years or even life imprisonment.