Top Friendswood, TX Kidnapping Lawyers Near You
1100 Gulf Fwy South, Suite 100, League City, TX 77573
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Scott M. Brown & Associates, serving clients in the Friendswood, Texas area, a reputable legal practice for Kidnapping issues.
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108 E Magnolia St, Angleton, TX 77515
Jeff Gilbert Law Office, serving clients in the Friendswood, Texas area, a reputable legal practice for Kidnapping issues.
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2814 Hamilton St, Houston, TX 77004
Contact The Downey Law Firm in Friendswood, Texas for experienced legal assistance in Kidnapping.
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811 Main Street, Suite 1100, Houston, TX 77002
18333 Egret Bay Blvd, Ste. 333, Houston, TX 77058
717 Texas Ave, Suite 2100, Houston, TX 77002
1415 N Loop W Fwy, Suite 905, Houston, TX 77008
917 Franklin Street, Fourth Floor, Houston, TX 77002
6200 Chase Tower, 600 Travis Street, Houston, TX 77002
4400 Post Oak Parkway, Suite 2850, Houston, TX 77027
1111 North Loop W, Ste 1118, Houston, TX 77008
819 Lovett Boulevard, Houston, TX 77006
7151 Office City Drive, Houston, TX 77087
8441 Gulf Fwy, Ste 210, Houston, TX 77017
2180 North Loop West, Suite 310, Houston, TX 77018
1100 Louisiana Street, Suite 4000, Houston, TX 77002
The Kirby Mansion, 2000 Smith Street, Houston, TX 77002
215 E Galveston St, League City, TX 77573
1330 Post Oak Boulevard, Suite 800, Houston, TX 77056-3166
909 Fannin St., Ste. 3300, Houston, TX 77010
2211 Norfolk Street, Suite 735, Houston, TX 77098
3200 Southwest Freeway, Suite 3200, Houston, TX 77027
600 Travis St, Suite 2350, Houston, TX 77002
800 Sawyer St., Houston, TX 77007
909 Fannin St, Suite 2700, Houston, TX 77010
Friendswood Kidnapping Information
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What Qualifies as Kidnapping?
Kidnapping involves taking someone and moving them against their will. If someone is locked in a room against their will, it may be considered false imprisonment instead of kidnapping. However, when the alleged victim is moved to another location, it becomes the crime of kidnapping.
Force in kidnapping can include physical force. However, kidnapping can also be committed through intimidation, threats of violence to the victim or the victim’s family, blackmail, or drugging the victim. Movement can include taking someone to another building, vehicle, another state, or another country.
What Is Parental Kidnapping?
Some kidnapping is done for a ransom, to commit sexual assault, or for other criminal purposes. However, most cases of kidnapping involve family members. According to the Department of Justice, over 200,000 children are abducted by a family member every year. Most kidnappings involve the child’s parent or legal guardian. About half of family kidnapping is done by the biological father and about 25% by the child’s biological mother. Many child custody abductions are not reported as a missing child because their caretakers knew the child’s whereabouts.
When a child I wrongfully removed from the United States or retained outside the U.S., in violation of parental rights, it can be considered international parental kidnapping, which is a federal offense. Under the U.S. Code, parental kidnapping is a federal crime punishable by up to 3 years in prison. However, there may be legal defenses available if the parent was trying to get away from domestic violence.
What Is the Maximum Sentence for Kidnapping?
Kidnapping is generally a felony offense. As a felony, kidnapping is punishable by more than a year of jail time. Penalties may also include fines, probation, and orders of protection against contacting the kidnapping victim.
When sentencing a defendant for a kidnapping conviction, a judge may have sentencing guidelines to determine the specific criminal penalties. Sentencing guidelines can take into account aggravating factors. Depending on the individual circumstances, aggravated kidnapping may involve:
- Kidnapping for ransom
- Kidnapping during a carjacking
- Kidnapping a child
- Kidnapping for sexual assault or molestation
- Using the victim as a shield or hostage
- Inflicting bodily injury
The maximum penalties for aggravated kidnapping can include life imprisonment. In some states, aggravated kidnapping or kidnapping that results in death can be a capital offense.
Can Kidnapping Charges Be Dropped?
Kidnapping charges can be dropped by the prosecutor if they do not have enough evidence or if new information shows the defendant was not guilty of a crime. However, a prosecutor can still go through with pressing criminal charges even if the victim does not want to press charges. The victim’s assistance is generally useful in the prosecution of kidnapping charges but is not necessary. If the prosecutor thinks there is enough evidence to get a guilty verdict, they can prosecute the case no matter what the alleged victim wants.
How a Kidnapping Attorney Can Help?
There are legal defenses available to federal kidnapping charges or parental kidnapping allegations in Texas. A local criminal defense attorney can evaluate your case, explain your rights, and explore legal defense options. Legal defenses to felony kidnapping charges include:
- Mistaken identity
- False accusations
- Unlawful search and seizure
- The alleged victim gave consent
False accusations are not uncommon in parental kidnapping. A parent or family member in a custody dispute may make up false allegations against the other parent out of revenge. Even without proof that you committed a crime, you can end up under arrest under suspicion of committing kidnapping.
In some cases, the alleged victim willingly goes with the alleged kidnapper and changes their story after the fact. If the person consented to going with the defendant, the defendant should not be convicted of a crime. However, some alleged victims may be unable to give legal consent, including a minor child or people with limited mental ability.
It may be an affirmative defense to kidnapping where the accused took their child or someone else based on an imminent threat of violence or abuse. For example, a non-custodial parent taking their child from an abusive parent could be a defense against kidnapping charges. Talk to a kidnapping defense lawyer about the best defense strategies in your case.
A felony kidnapping charge can result in a felony criminal record, life in prison, and damage to your reputation. An experienced criminal defense lawyer can fight the criminal charges to help you avoid a criminal record. Your kidnapping lawyer may also be able to negotiate a plea bargain, reduce the charges, drop other related charges, or reduce the prison sentence.