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 returns to the custodial parent, guardian, or a safe location without any physical harm before police can detain them- charges may 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 602-977-1900 or complete and submit an online case review form today.
Arizona Revised Statute (A.R.S.) 13-1304 – Kidnapping Someone
When a person undergoes investigation for or accused of kidnapping someone in Arizona, police and legal officials investigate 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 released pursuant to an agreement with the state and without any physical injury, 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. Questions? Contact us so we can answer them.
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. We 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:
- The police neglected to recite your “Miranda Rights” prior to police questioning.
- You underwent coercion into providing statements without proper legal representation.
- Police conducted improper procedures during the investigations.
- Police reports do not provide accurate and factual details that are damaging to your case.
If your kidnapping attorney can prove the violation of your constitutional rights or proper procedures during police investigations, your chances reducing or dismissal of charges increases.
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 602-977-1900 to schedule a free initial case evaluation and consultation. We will help your case to the best of our ability so don’t wait.
Arizona Kidnapping Attorney Available 24 / 7
The kidnapping attorneys of Lerner and Rowe Law Group are ready to defend your rights. Our attorneys 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. We also 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 602-977-1900. Call us today! We look forward to hearing from you.