Top Fremont, CA Federal Kidnapping Lawyers Near You

What is Kidnapping?

Kidnapping involves taking and moving someone against their will. The image of kidnapping may include a sketchy van driving up and pulling someone off the streets, but more commonly, kidnapping occurs with someone the alleged victim knows. Under federal statute, kidnapping of another person is the unlawful:

• Seizure
• Confinement
• Inveigling
• Kidnapping
• Abduction
• Carrying away

Kidnapping crimes can be done for ransom, reward, or any other reason, where it is against the will of the victim or the victim cannot legally consent.

When is Kidnapping a Federal Offense?

Kidnapping can be a state crime or federal crime, depending on the circumstances. In general, kidnapping is a federal offense when the crime crosses state lines or international borders. Under 18 U.S.C. 1201, kidnapping falls under federal jurisdiction when:

• The person is transported through interstate or foreign commerce
• The offender travels across state lines
• Kidnapping is done on the high seas, special maritime jurisdiction, territorial jurisdiction, or on an airplane
• Kidnapping involves a foreign official or official guest

Even if it is unclear whether the alleged victim has been transported across state lines, failure to release the victim within 24 hours creates a rebuttable presumption that the victim was transported in interstate commerce.

Federal authorities in a kidnapping case can include federal law enforcement officials, like the F.B.I., and local law enforcement officers.

What Are the Penalties for Kidnapping?

Federal kidnapping charges are generally a felony. The penalties for kidnapping are severe. Kidnapping convictions can result in imprisonment for any number of years, including up to a life sentence. In some cases, the crime of kidnapping can be punishable by the death penalty.

If more than one person conspires to commit kidnapping, each shall be punished. Even attempted charges of kidnapping include a prison sentence of up to 20 years in a federal penitentiary. If kidnapping offenses involve a minor child under the age of 18, the minimum sentence is 20 years in jail up to life in prison.

A felony criminal record can also result in lifelong consequences. Many job applications, housing applications, and federal laws require disclosure for a felony conviction. Individuals may be limited in federal benefits, gun ownership, and be restricted from certain professions.

What Is the Difference Between False Imprisonment and Kidnapping?

False imprisonment and kidnapping are related criminal offenses. However, the primary difference between kidnapping and false imprisonment involves moving the kidnapping victim. False imprisonment generally involves unlawful force to restrain a person’s movement. However, kidnapping generally requires some forced movement of the victim to another place or location.

How Can a Kidnapping Defense Lawyer Help?

An accusation of kidnapping can be shocking. There may be a number of explanations for why your actions should not be considered kidnapping. Even if you made a mistake, you have the right to a legal defense. In some cases, a legal defense to kidnapping could involve showing the alleged victim consented. If the other person involved agreed to go with the defendant but later regretted their decision, the defendant should not be found guilty of a crime.

Another legal defense could involve a Fourth Amendment violation of your constitutional rights. Under the 4th Amendment, you have the right to be free from unlawful search and seizure. If the police conducted an unlawful search without a warrant, your criminal defense lawyer may be able to keep any unlawfully gained evidence out of court.

If there is a strong case against you, your lawyer may be able to negotiate better terms through a plea bargain. In exchange for pleading guilty, your criminal lawyer may be able to have federal charges reduced, dropped, or get probation instead of jail time. Talk to a criminal attorney about the best legal defenses available in your case.

Can I Be Charged With Kidnapping for Taking My Child Out of State?

Yes, you can be charged with kidnapping for taking your own child out of state. Many parents still worry about a stranger taking their child off the street on their way home from school. While there still is some risk of strangers kidnapping children, the majority of children kidnapped or abducted involve family members. According to the Polly Klaas Foundation, over 200,000 children are abducted by a family member every year, most commonly by a parent in violation of legal custody.

International parental kidnapping is a separate offense. Under 18 U.S.C. 1204, removal of a child from the United States with the intent to obstruct parental rights is international parental kidnapping. Penalties for a criminal conviction include up to 3 years in federal prison. However, it may be an affirmative defense if the defendant was fleeing an incidence or pattern of domestic violence. Talk to a criminal defense attorney about valid defenses to criminal charges of kidnapping.

There are also special rules in federal kidnapping law when the offender has some family relationship to a minor under the age of 18, including for a:

• Grandparent
• Brother or sister
• Aunt or uncle
• Legal guardian