Kidnapping degrees — Some state laws classify kidnapping into offenses of various severity. Aggravated kidnapping is also known as a charge of first-degree kidnapping, requires that the accused kidnapper either physically harm, sexually assault, or put the victim at serious risk of harm during the kidnapping.
Threatening the victim with violence or other threats that might instill fear is also considered a use of force. Kidnapping can happen if the person is taken without the consent of the parent or legal guardian. Federal kidnapping — Most of the kidnapping crimes are prosecuted as state offenses, the federal government can also prosecute a person for kidnapping if the kidnapping crosses state lines. Federal prosecutors can file kidnapping charges besides the state charges. This means you can be charged with both federal and state crimes.
Here are the potential penalties for kidnapping: Prison time — Kidnapping can result in long jail sentences, including life sentences in some states and specific situations. Second-degree kidnapping often leads to shorter sentences of five years. Probation — A court may also sentence the kidnapper to a probation term. Probation sentences for such cases usually last several years, but there are cases where the probation can last for as much as 10 years.
Meeting regularly with a probation officer, asking the court or probation officer for moving or traveling out of the state, not doing any more crimes, or associating with known criminals are just a few of the most common probation conditions. Share on facebook. Share on twitter. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Kidnapping is one of the most serious criminal offenses with which a person can be charged.
How Is Kidnapping Defined? Taking, confinement, or restraint. A kidnapping occurs when someone intentionally takes, abducts, restrains, or confines someone else. In some states, an offender must confine the victim with the intention to inflict bodily harm, use the person as a shield, use the person as a means of escape, hold the person for ransom, hold the person as an involuntary servant, or hold the person to disrupt government or political activities.
In other states, confinement is the key element, and any intentional confinement, taking, or restraint is a kidnapping. However, even in states that require the intent to commit further crimes, it isn't necessary that those crimes to actually take place. It's enough for the accused to commit the unlawful taking with the specified intent, even if the kidnapper's goals are never achieved. Movement of the victim. Some states require that the kidnapping victim must be moved for a substantial distance, though the actual distance required can be very minimal.
For example, moving a victim from one house to another house across the street or from a car into a nearby structure is enough, though movement from one room of a house to another may not be. Contact a Marietta kidnapping lawyer from our firm to discuss your charges and how our firm can help you. Ashleigh Merchant is frequently featured on local and national news media, where she is asked to share her commentary on major cases. This list is compiled after thorough peer reviews and nominations.
The list includes 2. Both our attorneys have earned the prestigious Marietta Kidnapping Lawyer Have you been charged with the crime of kidnapping? According to the Georgia Code, the types of kidnapping or related charges that can be prosecuted include: Kidnapping False imprisonment Hijacking an aircraft or motor vehicle Interference with custody Trafficking of persons for labor or sexual servitude. Respected Legal Commentator Ashleigh Merchant is frequently featured on local and national news media, where she is asked to share her commentary on major cases.
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Kidnapping are:. There can be no kidnapping if the only confinement involved is incidental to, and likely to naturally accompany, the underlying felony.
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