Top Fort Defiance, AZ Kidnapping Lawyers Near You
1101 Johnson Avenue, Suite 300, Myrtle Beach, SC 29577
1050 Crown Pointe Pkwy, Suite 500, Atlanta, GA 30338
100 Retreat Ave, Ste 300, Hartford, CT 06106
1011 Lomas Blvd NW, Albuquerque, NM 87102
235 Main St, White Plains, NY 10601
101 N. Third St, Clarksville, TN 37040
16152 Beach Blvd, Suite 280, Huntington Beach, CA 92647
100 Lisbon St, PO Box 7230, Lewiston, ME 04243
4675 MacArthur Court, Suite 1250, Newport Beach, CA 92660
11 E Romana St, Pensacola, FL 32502
1180 W Peachtree St NW, Suite 2075, Atlanta, GA 30309
212 South Cedar Street, Florence, AL 35630
1925 Village Center Cir, Suite 150, Las Vegas, NV 89134
831 Market Street, Lemoyne, PA 17043
770 County Square Drive, Suite 103, Ventura, CA 93003
1300 Meridian St N, Suite 16, Huntsville, AL 35801
210 Park Ave, Suite 2750, Oklahoma City, OK 73102
110 Somerville Ave, Suite 266, Chattanooga, TN 37405
3202 Sunset Ave, Suite A, Rocky Mount, NC 27804
801 Main St, 11th Floor, PO Box 6218, Lynchburg, VA 24505
801 N. 1st Avenue, Phoenix, AZ 85003
1100 Peachtree St NE, Suite 200, Atlanta, GA 30309
503 S Saginaw St Ste 929, Flint, MI 48502
1201 Pennsylvania Ave NW, Suite 900, Washington, DC 20004
410 New Bridge Street, Suite 4, Jacksonville, NC 28540
Fort Defiance Kidnapping Information
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What Qualifies as Kidnapping?
Kidnapping involves taking someone and moving them against their will. If someone is locked in a room against their will, it may be considered false imprisonment instead of kidnapping. However, when the alleged victim is moved to another location, it becomes the crime of kidnapping.
Force in kidnapping can include physical force. However, kidnapping can also be committed through intimidation, threats of violence to the victim or the victim’s family, blackmail, or drugging the victim. Movement can include taking someone to another building, vehicle, another state, or another country.
What Is Parental Kidnapping?
Some kidnapping is done for a ransom, to commit sexual assault, or for other criminal purposes. However, most cases of kidnapping involve family members. According to the Department of Justice, over 200,000 children are abducted by a family member every year. Most kidnappings involve the child’s parent or legal guardian. About half of family kidnapping is done by the biological father and about 25% by the child’s biological mother. Many child custody abductions are not reported as a missing child because their caretakers knew the child’s whereabouts.
When a child I wrongfully removed from the United States or retained outside the U.S., in violation of parental rights, it can be considered international parental kidnapping, which is a federal offense. Under the U.S. Code, parental kidnapping is a federal crime punishable by up to 3 years in prison. However, there may be legal defenses available if the parent was trying to get away from domestic violence.
What Is the Maximum Sentence for Kidnapping?
Kidnapping is generally a felony offense. As a felony, kidnapping is punishable by more than a year of jail time. Penalties may also include fines, probation, and orders of protection against contacting the kidnapping victim.
When sentencing a defendant for a kidnapping conviction, a judge may have sentencing guidelines to determine the specific criminal penalties. Sentencing guidelines can take into account aggravating factors. Depending on the individual circumstances, aggravated kidnapping may involve:
- Kidnapping for ransom
- Kidnapping during a carjacking
- Kidnapping a child
- Kidnapping for sexual assault or molestation
- Using the victim as a shield or hostage
- Inflicting bodily injury
The maximum penalties for aggravated kidnapping can include life imprisonment. In some states, aggravated kidnapping or kidnapping that results in death can be a capital offense.
Can Kidnapping Charges Be Dropped?
Kidnapping charges can be dropped by the prosecutor if they do not have enough evidence or if new information shows the defendant was not guilty of a crime. However, a prosecutor can still go through with pressing criminal charges even if the victim does not want to press charges. The victim’s assistance is generally useful in the prosecution of kidnapping charges but is not necessary. If the prosecutor thinks there is enough evidence to get a guilty verdict, they can prosecute the case no matter what the alleged victim wants.
How a Kidnapping Attorney Can Help?
There are legal defenses available to federal kidnapping charges or parental kidnapping allegations in Arizona. A local criminal defense attorney can evaluate your case, explain your rights, and explore legal defense options. Legal defenses to felony kidnapping charges include:
- Mistaken identity
- False accusations
- Unlawful search and seizure
- The alleged victim gave consent
False accusations are not uncommon in parental kidnapping. A parent or family member in a custody dispute may make up false allegations against the other parent out of revenge. Even without proof that you committed a crime, you can end up under arrest under suspicion of committing kidnapping.
In some cases, the alleged victim willingly goes with the alleged kidnapper and changes their story after the fact. If the person consented to going with the defendant, the defendant should not be convicted of a crime. However, some alleged victims may be unable to give legal consent, including a minor child or people with limited mental ability.
It may be an affirmative defense to kidnapping where the accused took their child or someone else based on an imminent threat of violence or abuse. For example, a non-custodial parent taking their child from an abusive parent could be a defense against kidnapping charges. Talk to a kidnapping defense lawyer about the best defense strategies in your case.
A felony kidnapping charge can result in a felony criminal record, life in prison, and damage to your reputation. An experienced criminal defense lawyer can fight the criminal charges to help you avoid a criminal record. Your kidnapping lawyer may also be able to negotiate a plea bargain, reduce the charges, drop other related charges, or reduce the prison sentence.