Make sure that you have Arizona kidnapping attorneys handling your case.
Kidnapping is a serious offense. While you might think of it as a stranger kidnapping and holding another stranger (often a child) for money, it’s actually often not that clear-cut. “Kidnapping” can often include situations like a parent failing to return their child in a timely fashion to an ex-spouse after a visitation. Arizona kidnapping attorneys certainly know that these situations occur for innocent parents.
Kidnapping charges under ARS 13-1304:
An Arizona jury must find these following things to be true beyond a reasonable doubt in order to render a guilty verdict.
The crime of kidnapping requires proof that the defendant knowingly restrained another person with the intent to:
- Hold the person for ransom, as a shield, or as a hostage;
- Hold the person for involuntary servitude;
- Inflict death, physical injury or commit a sexual offense on the person;
- Aid in the commission of a felony or place the victim or a third person in reasonable fear of imminent physical injury to the victim or such third person;
- Interfere with the performance of a governmental or political function; or
- Seize or exercise control over any airplane, train, bus, ship, or other vehicle.
The State Defines ‘Restrained’ a Few Ways
Restrain is a legal term of art. For this reason, it’s smartest to hire an experienced felony criminal attorney who can argue against an allegation that you knowingly “restrained” the alleged victim.
“Restrain” means to restrict a person’s movements without consent, without legal authority, and in a manner that interferes substantially with such person’s liberty, by either moving such person from one place to another or by confining such person.
Restraint is without consent if it happens through use:
- Physical force,
- Intimidation,
- Deception, or
- Any means including acquiescence of the victim if the victim is a child less than eighteen years old or an incompetent person and victim’s lawful custodian has not acquiesced in the movement or confinement.
Kidnapping is a Felony in Arizona
Kidnapping charges in Arizona range from a class 2 felony (most serious) to a class 4 felony (least serious). It’s a class 2 felony unless the victim (such as your child) returns safely to a guardian, the custodial parent, or a safe location without having done any physical harm.
Kidnapping Felony Class Charges and their Punishments in Arizona
Class 2: Generally, Kidnapping is a class 2 felony which is punishable by a term of prison ranging from 3 years to 12.5 years. However, probation may be available. If the victim is under the age of 15, a different sentencing scheme applies.
Class 3: Kidnapping is a class 3 felony when the victim is released unharmed and as a result of negotiations with officials. A class 3 felony is punishable by minimum prison term of 2 years and a maximum term of 8. 75 years. Probation may be available.
Class 4: Kidnapping is a class 4 felony when the kidnapper releases the victim unharmed to a safe place before arrest or the commission of any other illegal acts. A class 4 felony is punishable by a prison term ranging from 1 to 3.75 years. Probation may be available.
Charges Can Sometimes be Reduced to a Misdemeanor or Even Dismissed
Especially in the case of parental “kidnapping,” charges can be reduced to a misdemeanor or even dismissed altogether if you have returned your child to a safe location as described above. Still, your best assurance that your own charges will end up dismissed or reduced is to make sure that you have Arizona kidnapping attorneys handling your case.
Some of the Ways your Arizona Kidnapping Attorneys Can Defend You Against Kidnapping Charges
In addition to fighting unfair charges specific to the situation, your defense attorney may also:
- Prove that the police reports are not fair or accurate,
- Show that police did not properly investigate the situation, including failure to use proper procedure,
- Demonstrate that coercion caused you to give statements to police without first having proper legal representation, or
- Prove that no one advised of your right to remain silent (Miranda rights) before police questioned you
Let Our Experienced Arizona Kidnapping Attorneys Help You
Has someone unfairly accused you of a kidnapping? Our experienced Arizona criminal attorneys at Lerner and Rowe Law Group will defend your rights and represent you professionally and fairly. We offer free case evaluations and affordable and reasonable payment plans. Our office hours are 8 AM to 5 PM, but you can contact us via Live Chat or phone anytime; we are available to take your call 24/7 at 602-667-7777.