Kidnapping

Kidnapping – Arizona Criminal Defense Attorney

Kidnapping Charges Are Serious

Kidnapping charges are serious and strangely enough are charged in situations that a lot of people would not consider kidnapping. If you get into an argument with someone and are alleged to have not let them leave by restraining them for even a moment, against his or her will, you can be charged with kidnapping. We have seen this charged in instances where two friends were arguing an the other person stood in the doorway, blocking the friend from leaving. Often times the government charges kidnapping with other allegation such as assault, disorderly conduct, robbery, or sex assault.

Under A.R.S. § 13-1304, under subsection A, A person commits kidnapping by knowingly restraining another person with the intent to: Hold the victim for ransom, as a shield or hostage; or Hold the victim for involuntary servitude; or Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person (assault); or Interfere with the performance of a governmental or political function; or Seize or exercise control over any airplane, train, bus, ship or other vehicle.

If you are arrested for charges such as kidnapping, absolutely do not make any statements or try to explain yourself. Officers use something called the Reid technique that is designed to illicit incriminating and sometimes false confessions that will be used against you. Tell the officers immediately that you will not answer any questions and as for your Arizona Criminal Defense Attorney, Jack Litwak.

Penalties for Kidnapping

Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony.  If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-705 as a dangerous crime against children or DCAC. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.

[1] https://www.azleg.gov/ars/13/01304.htm

Kidnapping Defense Lawyer Serving Phoenix And Throughout Arizona

If you are facing kidnapping charges, contact the Litwak Law Group now to schedule a free consultation.

 

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