Currently Browsing: Criminal Defense Law

Defense against Kidnapping Charges

Kidnapping is defined as the act of wrongfully taking, detaining, retaining, or concealing a person against their will, according to state and federal laws. Kidnapping laws differ, and some states require the act to be accompanied with unlawful intentions (extortion or part of a crime). Under Federal Criminal Code 18 U. S. C. §1201, kidnapping is classified as a felony offense with grievous prison sentences reaching up to 20 years, based on previous convictions and the circumstances surrounding the case.

In certain circumstances, a parent can be charged with kidnapping their own child when they have no legal custody rights. This often happens during or after divorce proceedings. Often, parents do this by persuasion, fraud, or clear force or violence, and between the two types of kidnapping (the other being kidnapping by a stranger) parental kidnapping is the most common. However, there are situations where false kidnapping accusations are charged against a parent. Arenson & Maas, PLC say on their website that charges such as these can significantly impact the accused person’s quality of life in a negative way, with long-term effects. If such charges have been filed and it was a misunderstanding, it should be important to immediately contact your lawyer to help you explain the situation in court. According to the website of Kohler Hart Powell, SC, sometimes the exact definition of kidnapping can differ, and this often leads to false kidnapping charges. A lawyer can help establish exactly the details of the case at hand.

A serious criminal charge such as kidnapping requires a strong criminal defense attorney.  advises finding lawyers with whom you can fully trust, and have extensive knowledge and experience regarding criminal law. They are the best layers who could represent you in court, and they understand how the law will work to affect your case. They are also the ones who can best explain your rights and can move to protect them. Discuss these matters with your lawyer, and about how the law would apply to your specific case and situation to ensure that your rights are exercised.