Kidnapping is the act of taking someone and moving them to another place against their will and then holding or detaining them by fear or force. There are different types of kidnapping charges or accusations that may result in either felony or misdemeanor charges. The degree of charges a person faces is determined by the circumstances surrounding the kidnapping incident and the amount of harm the kidnapped person experienced.
A common type of kidnapping charge seen in Arizona involves a parent with or without custodial rights being accused of or actually taking or “snatching” a child. Generally a custodial parent will report a child missing if one parent keeps a child longer than their pre-scheduled visitation time allowed for or a non-custodial parent conceals or detains a child from the custodial parent or legal guardian.
According to Arizona law, if the child is returned to the custodial parent, guardian, or a safe location without any physical harm before police can detain them – charges may be reduced to a misdemeanor or entirely dismissed.
Your best defense when you face monumental accusations and charges of having kidnapped someone is to hire an experienced kidnapping attorney. If you have been accused of or are under investigation for having kidnapped someone, call the Lerner and Rowe Law Group at 602-667-7777 or complete and submit an online case review form today.
Arizona Revised Statute (A.R.S.) 13-1304 – Kidnapping Someone
When a person is being investigated for or accused of kidnapping someone in the state of Arizona, police and legal officials are looking to see if the person kidnapped was held against their will. They are also looking to see if the accused intentionally used the victim to collect money for ransom or as a hostage and whether or not the person kidnapped was physically harmed or if any form of restraint was used that falls under one of the six factors listed in A.R.S. 13-1304.
The six factors / statutory goals of proving a kidnapping charge listed in A.R.S. 13-304, include:
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; 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.
B. 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. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence.
Get a Phoenix Kidnapping Attorney to Defend You
A skilled kidnapping attorney of Lerner and Rowe Law Group will be able to defend you against false accusations and will provide fair representation in circumstances where you actually did kidnap someone.
A few defense practices a kidnapping attorney uses to fight kidnapping charges are to:
- Prove that your “Miranda Rights” were not given prior to police questioning.
- Prove that you were coerced into providing statements without proper legal representation.
- Prove that police investigations were not conducted following proper procedures.
- Prove that police reports do not provide accurate and factual details that are damaging to your case.
If your kidnapping attorney can prove your constitutional rights were violated or proper procedures were not followed during police investigations, you have a better chance at reducing or getting your charges dismissed.
For charges involving parental kidnapping, a Lerner and Rowe kidnapping attorney will help prove you had not knowingly kidnapped your child, had not detained them using force or fear tactics, nor had the intent to cause them physical harm.
Contact a knowledgeable kidnapping attorney of Lerner and Rowe 24 hours a day, seven days a week at 602-667-7777 to schedule a free initial case evaluation and consultation.
Arizona Kidnapping Attorney Available 24 / 7
The kidnapping attorneys of Lerner and Rowe Law Group are ready to defend your rights and will provide fair and unbiased representation. We are ready to fight your charges to possibly get a reduced sentence or when possible, a complete dismissal.
Lerner and Rowe Law Group attorneys offer initial free case evaluations and provide affordable and reasonable payment options for legal services on a per client, per case basis. Don’t let fear of not being able to afford legal representation stop you from seeking an experienced kidnapping attorney. Contact a Lerner and Rowe kidnapping attorney 24 / 7 at 602-667-7777. Call us today!