Kidnapping

Kidnapping is a very serious crime and is a felony offense in all states. Kidnapping is defined as taking, holding or restraining a person against their will and moving them to another location against their will. Kidnapping is done using fear or force or threats of force to keep the individual someplace against their will. Often the individual is confined or restrained during the kidnapping, but this is not always the case.

Ransom or robbery that includes kidnapping is often considered to be aggravated kidnapping, whether a weapon or physical violence was used in the kidnapping and subsequent restraint. Parental kidnapping can also be a felony offense depending on the circumstances.

Kidnapping Penalties

Kidnapping charges and penalties will vary from state to state, however in general this is considered a felony in all areas. If an individual is bodily injured or dies during a kidnapping event the felony charge of murder in the first degree can be included in the charges.

Possible Penalties

• Jail time with parole
• Jail time of life without parole
• Probation
• Parole
• Restitution
• Registration as a sexual offender – sexual assault cases

Kidnapping Sentencing

While there are very few situations where mitigating factors can apply, a criminal defense attorney may be able to get the kidnapping charges dropped to a misdemeanor level or even dismissed under some specific conditions. This is particularly true in some types of parental or family member kidnapping situations where the parent or family member had no intent to kidnap but was trying to protect a child or family member from an abusive or negligent parent or partner. In some situations there may be an actual assumed consent of the victim, which can also be used as a defense if the victim is an adult. In some cases of parental kidnapping there may be no parent designated as the custodial parent, which would negate a kidnapping charge.

Kidnapping Charges And Legal Help

With any type of kidnapping charge it is important to get a criminal defense attorney working on your behalf as soon as possible. Since this is a felony offense, it will stay on your record if you do end up being charged. Being able to develop a defense to fight the charges or even have them dropped is the best option both for this particular charge as well as your future.

• If you have been charged with Kidnapping, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.