While we defend clients charged with all types of kidnapping, hostage taking, and child abduction, we most frequently represent clients in kidnapping and false imprisonment cases related to domestic violence. As someone who has been charged with kidnapping, you will likely want to know about the alleged victim's right to receive notification regarding your arrest, conviction, sentencing, release, or escape. Located in West Chester, Pennsylvania, we serve clients throughout Chester County, Bucks County, Delaware County, Lehigh County, Montgomery County, and Philadelphia County. Additionally, if the movement of the person was only incidental to another crime, such as robbery, the movement may be insufficient to establish kidnapping. How to get kidnapping charges dropped against. You are also not allowed to hold a person against their will. The alleged victim believes you were there and kidnapped them. How to Defend against Kidnapping Charges. Insufficient evidence means the state does not have the proper evidence to convict you of a crime. Unlawful restraint (lesser included offense of kidnapping/abduction): Third-degree misdemeanor. For Those Charged With a Crime.
The statute further defines kidnapping laws connected with victims who are younger than 13 years old and/or who can be considered mentally incompetent. Slight moves or moves over trivial distances may not indicate that the person was in any harm. 01(AB) if you use any force, threat, or deception, or any means on a victim who is mentally incompetent or under the age of 13, to remove the victim from a place or restrain their liberty, and you knowingly, under the circumstances, create a substantial risk of serious physical harm to the victim, or for a minor victim, actually cause physical harm. Statutory Penalties for Kidnapping Crimes. Having a skilled Lexington, Kentucky criminal defense lawyer can make a significant difference in how your case is resolved. The moment, even the slightest movement, makes you guilty of kidnapping. Paying to be kidnapped. Did you go back immediately when the victim changed his/her mind or continued with the move? Another possible mistake is driving away in a vehicle such as a van not knowing there is another person riding in the back of the van. Kidnapping: - You have car trouble and are a couple hours late returning your children to their mother's home after their parenting time with you. Office of Justice Programs: A Law Enforcement Guide on International Parental Kidnapping.
Our defense strategy will, in part, pursue the minimal possible punishment if you are convicted. Individuals have to continually update their information with their County Sheriff's Department or face additional criminal charges. Are There Any Defenses to Kidnapping in Cincinnati? If convicted, you will face a mandatory prison sentence, and if the prosecution proves a sexual motivation, you may have to register as a sex offender. The foiled plot came on the heels of another, separate conspiracy to kidnap Michigan Gov. When kidnapping accompanies a DVHAN charge, this may be more difficult. If an alleged victim is under eighteen years of age the registry is mandatory. If the kidnapping victim is a minor, felony of the first-degree kidnapping charges also apply if the child is removed or restrained in a manner that either promotes a substantial risk of physical harm or results in the child suffering physical harm. Sometimes, a kidnapping charge is thrown out of the court because the victim consented to be moved to another location. Detaining someone who is having an affair with your partner. 1 makes it unlawful to deprive someone "of their personal liberty with the intent to obtain forced labor or services from them. " Mistaken identity is another defense. Attorney for Kidnapping Arrests in Cincinnati, OH. There are times when the police or physicians have the right to restrain someone, such as when making an arrest or protecting a person from self-harm. Prosecutors must also establish the intent of the kidnapper as well.
Client, a college student in a faulty Title IX case, was awarded $130, 000 in attorney fees. How to Win a PC 207 Kidnapping in California Case. Sometimes an alleged "kidnapping" is just a misunderstanding with no criminal intent. When a criminal complaint is filed, it is prosecuted on behalf of the Commonwealth of Kentucky — not the alleged victim. Although kidnapping may occur by force it can also be accomplished by restraint (such as locking or blocking a door) or by trick or deceit (called inveigling). If the move was insubstantial, then the court might consider dropping or reducing your charges based on the facts of your case.
You can legally put someone under a citizen's arrest when you witness that person commit a felony, know that the person committed a felony or have reasonable evidence to believe that he or she committed a felony. Contact a criminal defense attorney who can help you make the right decisions on your case. Life in prison or death if the kidnapping was done to obtain a ransom. Kidnapping to commit the sex crimes of rape, spousal rape, oral copulation, sodomy, committing a lewd or lascivious act upon a child under fourteen, or unlawful sexual penetration results in imprisonment in the state prison for life with the possibility of parole (PC 209(b)(1)). The reference to aggravated kidnapping is used to specify one of the following: These offenses carry greater penalties than simple kidnapping. However, sentences do vary. Next, we may discuss your options, including negotiating a plea bargain and preparing for trial. According to the Texas Penal Code, kidnapping represents a criminal act of knowingly or intentionally abducting someone else. If a defense lawyer can convince a jury that evidence resulted from the violation of one of these Constitutional rights, the court will suppress the evidence, along with any connected evidence that otherwise would not have been discovered without the unlawfully obtained evidence. You can lose your home, and may be unable to get a loan for school. 2) That the individual detained or moved in contravention of the rightful custody of a mother or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.
Since kidnapping and aggravated kidnapping are two distinct crimes, each crime carries with it a different set of penalties. Miranda's lawyers appealed based on the fact that the defendant's fifth amendment rights had been violated. A Nationally Recognized Kidnapping Defense Lawyer. Simple kidnapping is charged as a felony in California and could attract a penalty of up to eight years behind bars. A decision is anticipated in several months. To prove this offense, the state must show that, in addition to the factors above (with the exception noted): For the offense of kidnapping a person for ransom, the person held or detained need not have been moved any distance. "Best Lawyers in America"Listed in "Best Lawyers in America" for more than 30 years. If you are being accused of unlawfully restraining a person, whether or not you allegedly had sexual motivations or not, you may be charged with a third-degree misdemeanor. Knowing which one you have been charged with is crucial when it comes to defending yourself at trial.
There are times, however, when custodial interference is an act of bravery, not cowardice, on behalf of the accused parent. Ohio Revised Code § 2905 also defines other kidnapping-type offenses: - Abduction (the victim is over the age of 13): Second-degree felony. In many cases, that means a dismissal or reduction of criminal charges. In California, kidnapping is considered a continuing crime.
Partner Jeff Cherry is a former Metro Police Officer, and he can anticipate how the prosecutor will build the case against you. An easy example may be a bank robber taking hostages during a police standoff. According to Justice Melody Stewart, jurors who are less familiar with the criminal court system might misinterpret the victim's position at the prosecution table and could add credibility to the victim's testimony. However, just because the word "simple" is used, that does not mean that isn't considered a serious offense.
False imprisonment occurs when a person "knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. This has created a myth that a victim can simply drop the charges in a criminal case, and the case will be dismissed. Selecting a criminal defense lawyer is a very important step in addressing serious criminal charges. If they do not, they make drop the charges. Individuals and corporations who had any knowledge of what may have been happening can be held equally responsible. Contact Blumenthal & Moore for experienced legal advice. Self-Defense or Defense of Others.