In civil law, kidnapping is the illegal transportation, importation and confinement of an individual against their will for an extended period of time. It can also be interpreted as false imprisonment, both of which are distinct offenses that if committed at the same time consolidate as the single greater offense of kidnapping. The act of forcibly kidnapping another person without their consent is a federal crime punishable by up to 10 years in prison. Kidnapping is a major felony that is a crime in which the person who has been kidnapped does not benefit from the consent of the victim or any legally valid reason for doing so, so hire an attorney to handle major felony.
A kidnapping differs from other assault and battery cases in that consent is rarely, if ever, involved. People are often charged with these crimes, where there appears to be consent to the transfer of one person against another person. For example, a man who drives his 18-year-old girlfriend home from a party he is attending may be charged with kidnapping if he stops his car next to her and takes her in his vehicle. Or, a male who catches his male partner having sex with another woman does not necessarily have the right to claim full rights over that man because they did not give their permission. It is important to understand that a person cannot be held guilty of this crime simply because he was in a substantial distance from the person he kidnapped. Which is why you need to hire a major felony attorney
There are a few exceptions to the rule when it comes to kidnapping. It may include situations where a person forcibly transfers another person for the purpose of avoiding a lawful arrest. Another situation may include a situation where an alleged victim is hospitalized and her captor seeks to get some medical attention for himself. It may also include situations where a person is killed, dismembered or injured during the commission of a crime and there is an effort to hide those facts from the alleged victim's attorney in order to avoid trial.
When the issue of kidnapping involves physical force, a person can be charged with kidnapping even if he did not use physical force in carrying out the crime. However, physical force is used to mean something more than just kicking somebody in the stomach. Even if someone is not seriously injured during a kidnapping incident, there may be a charge of battery based on the fact that the alleged victim was struck, cut, or choked. Even if no physical force is used, there can still be a charge of kidnapping when the alleged victim is subjected to extreme mental or emotional distress as a result of the commission of the crime.
PC Section kidnapping laws vary from state to state, so it is critical to understand the local provisions for this crime. Some states allow their attorneys to file motions to suppress evidence, including statements or records of statements. This includes any statement made by the victim that is favorable to the defendant, regardless of whether that statement was voluntary or not. Sometimes, this includes statements that are taken from the victim's cell phone, which can later be used against him at trial.
If you have been accused of aggravated kidnapping, you should contact a criminal defense attorney as soon as possible. Not only could your freedom be threatened but you may also lose your chance at receiving a retrial after spending over fourteen years in prison. A skilled attorney can help you receive the justice you deserve.
