Weymouth Criminal Defense Attorney
What Constitutes Kidnapping?
If you are charged with kidnapping, in most cases charged in federal court,
you will be facing some very serious charges. The basic definition of
kidnapping is: forcibly or secretly confining or imprisoning another person
against his will, forcibly carrying or sending someone out of the state,
or forcibly seizing another person. In this activity, the accused commits
the crime knowingly, with the intention of forcibly or secretly confining
or imprisoning another. The victim is confined or imprisoned for the purposes
of the defendant. Some examples could be for the purpose of sexual assault,
ransom, or even as security in a hostage situation. My law firm,
Flanagan & Associates, provides defense counsel to those who are facing this very serious charge.
A person convicted of kidnapping under this basic definition will serve
up to 10 years in prison, and the penalties increase based upon the circumstances
involved in the kidnapping. There are also situations where the accusation
of kidnapping is actually false. If you are facing a charge of kidnapping,
you need to urgently contact a Quincy criminal defense attorney. Getting
released from custody in a kidnapping case is often difficult and is likely
to have a very high bail required to be released pending trial.
The sooner your case can be reviewed and evaluated, the better.
Penalties for Kidnapping
The penalties for kidnapping differ depending upon the circumstances. The
penalties for a kidnapping with no weapon could be up to 10 years in prison.
If a firearm is used in the commission of a kidnapping,
the penalty could involve a minimum of 10 years in prison. If a weapon is used in a kidnapping and there is also extortion involved,
such as a ransom, the penalty could be as high as life in prison and no
less than 20 years served.
If a kidnapping occurs with the use of a weapon and serious bodily harm
is inflicted on the victim, or the victim is sexually assaulted, the convicted
kidnapper will face no less than 25 years. And if the victim is under
the age of 16, the penalty is a minimum of 15 years in prison no matter
the circumstances. Transporting a kidnapping victim across state lines
will increase the chances of the case being filed in federal court.
Have You Been Falsely Accused of Kidnapping?
There have been many times when someone was accused of kidnapping when
the crime did not actually occur. One example could be when a person makes
a formal accusation of kidnapping against another, when the first person
was willingly in the company of the other person, then later stated he
or she was kidnapped. Another example is becoming more and more common.
The situation can involve divorced parents with children, where one parent
claims the other kidnapped the children. If one of the parents is late
bringing the children back to the home of the ex-spouse, a report to law
enforcement can lead to the filing of a kidnapping charge. It is crucial
when facing charges of kidnapping, false or otherwise, that an experienced,
aggressive and trusted defense lawyer is consulted without delay. Every
case has unique circumstances and evidence, and I provide a defense strategy
that is tailored to the situation. I am relentless in preserving my clients'
rights, and will aggressively pursue the best possible outcome.
Anyone charged with kidnapping should contact a Quincy criminal defense
lawyer immediately. I will review the evidence as well as evaluate the
exact circumstances of the alleged kidnapping. It's very important
in these cases to respond to charges promptly and start the investigation
quickly. I also have a
free online case evaluation form.