Defending Criminal Charges of Kidnapping
Kidnapping is a serious criminal charge and the consequences may have serious negative impact on an individual. Preparing defense on time is essential to try minimizing this. If you are facing such charges, you need to consider getting legal help immediately. Get in touch with a criminal attorney as soon as you know of the charges against you.
As per the Florida Statute Section 787.01, the definition of kidnapping is much broader than what you understand. Confining, abducting or detaining a person using force, trickery, or threat of harm without his/her will constitute kidnapping, even if there is no question of a ransom or reward.
The burden of proof in a kidnapping case is on the prosecution. The prosecution needs to establish the following points –
You used force/threat of force/trickery to confine, imprison or abduct another against his/her will
You had no legal authority of keeping the person in custody
You had some criminal intent for this – for reward/ransom, for inflicting bodily harm, for committing a felony, and for any such reason
Missing a single clause may lead to dismissal of the charges. For example, if your attorney were capable of establishing that the so-called victim consented to the act, there would be no legal proceeding. However, this requires legal skill and previous experience to find adequate evidence necessary to establish this.
On conviction, you may have to face imprisonment for a considerable time. The penalties enhance if the person kidnapped is under the age of 13 years or if there is any harm to the person. Possibility for parole may also cease to exist in such circumstances. You may also have to pay substantial fines if convicted.
By now, you are sure to understand the necessity of retaining a West Palm Beach criminal attorney for defense. Getting a competent criminal attorney from the beginning of the legal proceeding helps ensure protection of your rights and preparation of defense at the right time.
Different defenses may work at different stages of the case. While lack of evidence may be a good strategy at the initial stage of arraignment, establishing duress may be of use at the trial stage. Whatever the defense plan, you need an attorney to work on this before the case reaches trial.
The qualification, certification and experience of a criminal attorney matters most. Make sure you enquire about these when selecting an attorney for advice. Online resources could be of help at such times. Consider getting an initial consultation with an attorney before you decide to utilize his/her services.
As per the Florida Statute Section 787.01, the definition of kidnapping is much broader than what you understand. Confining, abducting or detaining a person using force, trickery, or threat of harm without his/her will constitute kidnapping, even if there is no question of a ransom or reward.
The burden of proof in a kidnapping case is on the prosecution. The prosecution needs to establish the following points –
You used force/threat of force/trickery to confine, imprison or abduct another against his/her will
You had no legal authority of keeping the person in custody
You had some criminal intent for this – for reward/ransom, for inflicting bodily harm, for committing a felony, and for any such reason
Missing a single clause may lead to dismissal of the charges. For example, if your attorney were capable of establishing that the so-called victim consented to the act, there would be no legal proceeding. However, this requires legal skill and previous experience to find adequate evidence necessary to establish this.
On conviction, you may have to face imprisonment for a considerable time. The penalties enhance if the person kidnapped is under the age of 13 years or if there is any harm to the person. Possibility for parole may also cease to exist in such circumstances. You may also have to pay substantial fines if convicted.
By now, you are sure to understand the necessity of retaining a West Palm Beach criminal attorney for defense. Getting a competent criminal attorney from the beginning of the legal proceeding helps ensure protection of your rights and preparation of defense at the right time.
Different defenses may work at different stages of the case. While lack of evidence may be a good strategy at the initial stage of arraignment, establishing duress may be of use at the trial stage. Whatever the defense plan, you need an attorney to work on this before the case reaches trial.
The qualification, certification and experience of a criminal attorney matters most. Make sure you enquire about these when selecting an attorney for advice. Online resources could be of help at such times. Consider getting an initial consultation with an attorney before you decide to utilize his/her services.
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