Understanding Kidnapping Charges in Collin County, Texas

 Posted on April 21, 2022 in Criminal Defense

The term “kidnapping” may conjure images of someone taking a child and attempting to keep him or her from his or her home. However, kidnapping can involve children or adults. Furthermore, the circumstances that can lead to kidnapping charges may surprise you. Disputes about child custody or even family or romantic disagreements can sometimes lead to kidnapping allegations. Kidnapping is usually a state-level offense, but it is also possible for kidnapping to be a federal offense.

If you or a loved one were charged with kidnapping, contact an experienced criminal defense lawyer right away.

What Constitutes Kidnapping?

In order to convict someone of kidnapping, the prosecution must prove beyond a reasonable doubt that the person intentionally deprived another person of his or her personal freedom by:

• Hiding or holding the individual in a place they are unlikely to be found or
• Threatening or using deadly force to prevent the person from leaving

Kidnapping charges will be elevated to aggravated kidnapping charges if one of the following is allegedly true:

• The defendant held the victim in exchange for a ransom
• The defendant used or possessed a deadly weapon during the crime
• The defendant caused the victim bodily harm or sexually assaulted the victim
• The victim was used as a hostage or human shield
• The victim was used to aid in a felony criminal offense or used as a means of escape after a felony offense
• The intent of the kidnapping was to terrorize the victim or another party
• The purpose of the kidnapping was to interfere with government function

Criminal Penalties Associated with Kidnapping and Aggravated Kidnapping Charges

Kidnapping is classified as a third-degree felony in Texas punishable by up to ten years in prison and a maximum fine of $10,000. Aggravated kidnapping is considered a more serious offense. If you are convicted of aggravated kidnapping, the offense is a first-degree felony. The minimum prison sentence for an aggravated kidnapping conviction is five years and the maximum is 99 years. Aggravated kidnapping is also punishable by a maximum $10,000 fine.

Texas law incentivizes the safe release of kidnapping victims by reducing charges in some situations. First-degree felony kidnapping may be reduced to a second-degree felony if the defendant voluntarily and safely releases the victim. The maximum prison sentence for second-degree felony kidnapping is 20 years.

Contact a Collin County Kidnapping Defense Lawyer

If you or a loved one were accused of kidnapping another individual, contact Law Offices of Biederman & Burleson P.L.L.C. for help right away. Our skilled Frisco criminal defense lawyers will help you build a strong defense against the charges and advocate fiercely on your behalf throughout the case. Call 469-333-3333 for a free, confidential case assessment.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm#:~:text=September%201%2C%202017.-,Sec.,or%20knowingly%20abducts%20another%20person.