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Dallas Kidnapping Attorney
Kidnapping is commonly defined as the taking of a person from one place to another against his or her will, or the illegally confining of a person to a controlled space. Kidnapping is a serious felony that can be prosecuted in either state or federal court. Punishments for kidnapping convictions routinely include lengthy prison sentences, large fines, and occasionally strict periods of probation. There are at least three types of kidnapping charges: “simple” kidnapping, aggravated kidnapping, and parental kidnapping.
“Simple” kidnapping is the term commonly used to describe the most basic and/or typical kidnapping allegation in which a person is detained or forcibly removed against their will and taken to another location. While kidnapping does not have to involve actual physical force because threats of physical harm are sufficient, generally the movement must be of a substantial nature.
Aggravated kidnapping is an elevated charge that involves intent to:
- hold for ransom or reward;
- use as a shield or hostage;
- facilitate the commission of a felony or the flight after the attempt or commission of a felony;
- inflict bodily injury or sexually abuse; terrorize the victim or a third person; or
- interfere with the performance of any governmental or political function.
Parental kidnapping is yet another type of serious kidnapping charge. In fact, over 200,000 children per year are kidnapped by a family member, usually a parent without legal custody. When a parent violates a custody order or divorce agreement and intentionally and permanently takes their child outside of the counties, state, or country that the child was required under the order to reside in, the parent can be charged with parental kidnapping.
Defense for Criminal Kidnapping Charges
There are many possible successful defenses to kidnapping allegations:
- Consent - a person is not guilty of kidnapping if they reasonably believed the alleged victim consented to the movement;
- Mistaken Identity;
- Lack of Intent – to commit kidnapping and/or any of the aggravating elements enumerated for aggravated kidnapping;
- Showing a person is legally entrusted with the custody of the kidnapped person; and
- Proving parents separated without a legal decree, therefore one may take a child from the other (even by deception or trickery) without committing kidnapping.
Kidnapping charges can be very difficult to litigate and will always be vigorously pursued by law enforcement. If you or someone in your life has been or may potentially be accused of any type of kidnapping crime we will help you understand the charges, possible defenses, the legal system, and your rights. The first thing you should do is contact a Dallas criminal lawyer at the Law Offices of Dallas Criminal Attorney. We have successfully represented individuals accused of all types of state and federal kidnapping crimes in the Dallas-Fort Worth metropolitan area for years. No matter what the circumstances, our team of Dallas Kidnapping Defense Lawyers will provide valuable representation and advice. Contact us today to schedule a free, confidential initial consultation. We have the skill, knowledge, and experience to help!!!
