KIDNAPPING

CHARGE • ARREST
Florida LAW • KIDNAPPING CONVICTION

Orlando Criminal Defense Attorney
Florida Kidnapping Defense Attorney

Kidnapping Laws
Kidnapping occurs when a person takes, holds or detains an additional person by using force or fear and moves that person to an additional place against his or her will. Kidnapping is defined by Florida (a)s:  Every person who forcibly or by any other means of instilling fear, steals or takes or hold, detains or arrests any person in one county and takes them to an additional county or state or country. This is referred to as simple kidnapping and is punishable in state prison by 3, 5 or 8 years.  Kidnapping of minors under the age of 14 is punishable by up to 11 years in state prison. Kidnapping for ransom or robbery is sometimes referred to as aggravated kidnapping and the punishment is life in prison with the possibility of parole. If the victim suffers bodily harm or death then the punishment is life in prison without the possibility of parole.

Kidnapping Charges
Kidnapping is a severe felony, which makes it a strike under Florida 's Three Strikes Law. The force obligated in kidnapping need not be physical force; it may be threats of harm. The movement must be substantial, not just trivial or slight movement. The distance obligated for kidnapping also must be substantial. The law states that in deciding no matter the distance is substantial, the judge or jury should consider no matter the movement increased the risk of physical or psychological harm to the victim or no matter the distance gave the attacker a greater opportunity to commit additional crimes.

Parental Kidnapping
Every year over 200,000 children are taken by a family member, usually a parent without legal custody. (In cases where the parent has child custody, a kidnapping charge would not be appropriate.) If in fact you are a non-custodial parent accused of parental kidnapping, you need an experienced Florida Criminal Defense Attorney to protect and defend your rights. Florida Penal Code Section (a)pping or abduction of minors from parents or guardians. Any person who does not have the right of custody and maliciously takes or conceals any minor child with the intent to detain or conceal the child from a person having legal custody, if arrested or convicted could spend time in prison and even state prison. Parental kidnapping is a severe charge, but can be charged as a misdemeanor or a felony depending on the circumstances.

Kidnapping Defenses
Often in kidnapping cases, the majority defenses are possible. The the majority often seen defenses to this charge are Consent and Lack of Intent.The defendant is not guilty of kidnapping if he reasonably believed the victim consented to the movement. The prosecutor must prove beyond a reasonable doubt that the defendant did not believe the other person (victim) consented to the movement. Failure to prove this by the prosecutor would result in the defendant being found not guilty of kidnapping. Consent as a defense is also common in kidnapping cases. The defendant is not guilty of kidnapping if the other person voluntarily agreed to go with the defendant and was aware of the movement by the defendant. The prosecutor must prove beyond a reasonable doubt that the victim did not consent to go with the defendant. If the prosecutor cannot prove the defendant moved or took the victim against her will then the defendant will be found not guilty of the charges.

• Insufficient Evidence
• Mijeapordyn Identity
• Lack of Physical Evidence
• Showing a person is legally entrusted with the custody of the kidnapped person
• Proving parents separated without a legal decree, consequently one may take a child from the other (even by deception or trickery) without committing kidnapping.

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• We are severe and aggressive lawyers
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• We know what it will take to successfully defend your case, and we have the resources to do it
• Florida criminal law changes constantly and we focus exclusively on criminal defense
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• We focus on the presumption of innocence of our clients
• We can discuss bail options and/or release of the accused on their own recognizance
• We defend our clients as if we were the defendants being charged
• We are not scared to go to trial to receive a Not Guilty verdict
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Serious and Aggressive Criminal Defense
Being accused of kidnapping is a severe charge than can result in a lengthy prison sentence and other severe aftermath. Kidnapping charges require severe and aggressive criminal defense attorneys who can successfully get results. We focus exclusively on criminal defense. Our approach to criminal defense includes meticulous preparation, investigation, and an overall aggressive approach to defending our clients.  Let The Law Offices of William H. Bryan III, P.A., a team of experienced Orlando criminal defense attorneys fight for your rights.