Top Fort Defiance, AZ Kidnapping Lawyers Near You
1170 Peachtree Street NE, Suite 1900, Atlanta, GA 30309
555 Fayetteville St, 3rd Floor #14, Raleigh, NC 27601
50 West Liberty Street, Suite 400, Reno, NV 89501
1300 Summit Avenue, Ste. 650, Fort Worth, TX 76102
2580 E. Harmony Rd, Suite 201, Fort Collins, CO 80528
1512 North Delaware, Indianapolis, IN 46202
204 W Davis St, Conroe, TX 77301
800 North Magnolia Ave, Suite 450, Orlando, FL 32803
1512 E McKinney St, Suite 101, Denton, TX 76209
90 S 7th St, Floor 14, Minneapolis, MN 55402
1300 SW 5th Ave, Suite 2050, Portland, OR 97201
AZ-202 Phoenix, Phoenix, AZ 85048
127 Public Square, Suite 3510, Cleveland, OH 44114
350 South Main Street, Suite 300, Ann Arbor, MI 48104
6400 N. Andrews Avenue, Suite 510, Fort Lauderdale, FL 33309
60 State Street, Suite 700, Boston, MA 02109
210 Aspen Airport Business Center, Unit GG, Aspen, CO 81611
6464 West Sunset Blvd., Suite 1030, Los Angeles, CA 90028
20 Vesey Stree, Suite 400, New York, NY 10007
245 Main Street, Suite 203, Chester, NJ 07930
2440 Louisiana Blvd NE, Suite 160, Albuquerque, NM 87110
1700 7th Ave, #1610, Seattle, WA 98101
1122 Santa Fe St, Corpus Christi, TX 78404
2504 1/2 W Crest Ave, Tampa, FL 33614
100 Broadhollow Rd, Ste 100, Farmingdale, NY 11735
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.