 Kidnapping is a very serious offense, and a conviction can result in long prison sentences. Kidnapping, in criminal law, is the unlawful taking, asportation, transportation, or confinement of a person against their will. Kidnapping can (and most often does) refer to moving people of any age against their will, and does not apply only to that taking of children. Kidnapping is often charged alongside other crimes, as the act is often part of a greater criminal scheme. If you or a loved one has been arrested or charged with kidnapping or a related crime, contact the Tucson Defenders now to discuss your case, and get started with your defense. Our consultations are completely free and no obligation. 520-585-5757. ARIZONA KIDNAPPING LAWS In Arizona, there is a very broad range of conduct that can constitute kidnapping. The most traditional kidnapping charges arise out of holding a victim for ransom, or using a victim as a shield or hostage. Kidnapping can also include holding someone for involuntary servitude, hijacking a passenger vehicle, and more. Arizona's kidnapping statute is so broad, that injuring a victim in the commission of another crime, or even merely placing a person in fear can be charged as kidnapping. Kidnapping is generally a Class 2 felony, punishable by 7 to 21 years in state prison. Kidnapping can be reduced to a Class 3 felony or Class 4 felony if the victim is released unharmed. This legal requirement provides an incentive for release of kidnapping victims, and can greatly reduce the amount of time the defendant faces. On its own, kidnapping is one of the most harshly-punished crimes in Arizona, but keep in mind that kidnapping is very often charged along other crimes such as robbery, assault, domestic violence, child endangerment, sex trafficking, and more. Arizona's Kidnapping Statute (ARS 13-304) FEDERAL KIDNAPPING LAWS Under Federal law, it is similarly illegal to unlawfully seize, confine, inveigle, decoy, kidnap, abduct, or carry away and hold for ransom or reward or otherwise any person (except in the case of a minor taken by a parent). For kidnapping to be a federal offense, it must involve crossing state lines, federal land or maritime jurisdiction, or federal officers and employees. Kidnapping is punishable by up to 20 years in federal prison, but keep in mind that it is often charged alongside other serious crimes, including murder, attempted murder, rape, sex trafficking, robbery and more. Federal Kidnapping Statute (18 U.S.C. 1201) KIDNAPPING COMMON DEFENSES False Accusations - This may be particularly likely in a parental custody dispute situation, or with dysfunctional romantic relationships. Mistaken Identity - One of the leading causes of false convictions is cases of mistaken identity. Police and witnesses can make mistakes in identifying a person, but a through defense should get to the bottom of it. Consent/Implied Consent - If you took an unconscious person to the hospital to get them medical treatment, it is presumed that they would have consented to this movement, despite being unable to declare it. Citizens Arrest - Arizona law does authorize citizens to make a "citizen's arrest" which would otherwise violate kidnapping laws. Mistake/Lack of Knowledge - It is possible that a defendant is either (a) unaware that they are confining/transporting/taking away a person, or (b) that they are unaware it is against the person's will. Duress - A crime committed under the coercion or threat of force of another person may be excused under some circumstances. If a defendant was forced to do something by another person, there may be a defense against those actions. Insanity - A person who commits an act while so afflicted with a mental disease as to be unaware the act is wrong can be found guilty, but insane, and will be subject to mental health treatment rather than prison. Whether state or federal, kidnapping charges are serious business, and require an experienced, skilled, and dedicated attorney. If you or a loved one has been charged with kidnapping in Arizona, contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer. 520-585-5757. RELATED CHARGES Domestic Violence, Violent Crimes, Robbery, Burglary, Sex Crimes, Attempted Murder, Murder, Child Endangerment and Abuse, and more (ALL PRACTICE AREAS)
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November 2024
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