Kidnapping
Posted on Jan 24, 2012 9:00am PST
I've received some submissions via the contact link about kidnapping.
Kidnapping is a seriousy 3rd degree felony. Aggrevated Kidnapping can either be a 1st or 2nd degree felony.
The burden is on the State to prove beyond a reasonable doubt that a person, INTENTIONALLY or KNOWINGLY, abducts another person.
The critical component of this case is the "INTENTIONALLY OR KNOWINGLY ABDUCTS." Often times individuals get caught up in a kidnapping charge when someone makes a false claim that they were taken against their will, when in fact, they were along for the ride the whole time.
I had a situation as follows:
Person accused of kidnapping his girlfriend. However, girlfriend got in the car voluntarily and then went back to his place. Once at his place, an argument happens, and the cops are called. Person arrested and picks up two charges, - one for assault and the other for kidnapping.
A kidnapping scenario is a very delicate situation, and ussually involves heavy witness testimony. A kidnapping case will take at least a year to defend and countless court appearances. Every second you lose fighting your case, is a second wasted.
Keep the questions comming, or set up an appointmet to meet at my office 713 890 2555