What Constitutes Kidnapping?
Quincy Criminal Defense Attorney
If you are charged with kidnapping, in most cases charged in federal court, you will be facing some very serious charges. The basic definition of kidnapping includes forcibly or secretly confining or imprisoning another person against their will, forcibly carrying or sending someone out of the state, or forcibly seizing another person.
In this activity, the accused commits the crime knowingly, with the intention of forcibly or secretly confining or imprisoning another. The victim is confined or imprisoned for the purposes of the defendant. Some examples could be for the purpose of sexual assault, ransom, or even as security in a hostage situation. Our law firm, Flanagan & Associates, provides defense counsel to those who are facing this very serious charge.
A person convicted of kidnapping under this basic definition will serve up to 10 years in prison, and the penalties increase based upon the circumstances involved in the kidnapping. There are also situations where the accusation of kidnapping is actually false. If you are facing a charge of kidnapping, you need to urgently contact a Quincy criminal defense attorney. Getting released from custody in a kidnapping case is often difficult and is likely to have a very high bail required to be released pending trial.
The sooner your case can be reviewed and evaluated, the better.
Penalties for Kidnapping
The penalties for kidnapping differ depending upon the circumstances. The penalties for a kidnapping with no weapon could be up to 10 years in prison. If a firearm is used in the commission of a kidnapping, the penalty could involve a minimum of 10 years in prison. If a weapon is used in a kidnapping and there is also extortion involved, such as a ransom, the penalty could be as high as life in prison and no less than 20 years served.
If a kidnapping occurs with the use of a weapon and serious bodily harm is inflicted on the victim, or the victim is sexually assaulted, the convicted kidnapper will face no less than 25 years. And if the victim is under the age of 16, the penalty is a minimum of 15 years in prison no matter the circumstances. Transporting a kidnapping victim across state lines will increase the chances of the case being filed in federal court.
Have You Been Falsely Accused of Kidnapping?
There have been many times when someone was accused of kidnapping when the crime did not actually occur. One example could be when a person makes a formal accusation of kidnapping against another, when the first person was willingly in the company of the other person, then later stated he or she was kidnapped.
Another example is becoming more and more common. The situation can involve divorced parents with children, where one parent claims the other kidnapped the children. If one of the parents is late bringing the children back to the home of the ex-spouse, a report to law enforcement can lead to the filing of a kidnapping charge. It is crucial when facing charges of kidnapping, false or otherwise, that an experienced, aggressive and trusted defense lawyer is consulted without delay.
Every case has unique circumstances and evidence, and I provide a defense strategy that is tailored to the situation. We are relentless in preserving our clients' rights and will aggressively pursue the best possible outcome.
Anyone charged with kidnapping should contact a Quincy criminal defense lawyer immediately. Attorney Dave Flanagan will review the evidence as well as evaluate the exact circumstances of the alleged kidnapping. It's very important in these cases to respond to charges promptly and start the investigation quickly. We also offer free case evaluations.
“Dave cares about every client and will cut no corners to get you what you deserve!”- Richard
“They are trustworthy and will keep your best interests in mind at all times.”- Kevin
“Dave and his team are the best. When it comes to people you want in your corner during the hardest times, they are exactly that.”- Joe