Kidnapping Criminal Defense Lawyers

Defending Kidnapping Charges in Frisco, Carrollton, Collin, Denton & Surrounding Counties

If the prosecutor in Collin, Denton, Dallas and surrounding counties in the state of Texas have reason to think that you intentionally or knowingly abducted another person, they have the authority to place you under arrest for the felony known as kidnapping. There is a different legislation in Texas that applies to aggravated kidnapping, and there is also a kidnapping offense that falls under federal law.

Charges of kidnapping can be brought against a person in Texas based on either a federal statute or Texas law, depending on the circumstances. Both federal prosecutors, acting through the local branch of the Office of the United States Attorney General, and state prosecutors, acting through the local district attorney’s office (such as the Office of the District Attorney for Dallas County, Collin County, Denton County and Tarrant County etc.), have the ability to file charges based on situations in which someone has taken another person against their will and without their approval and placed that person in a confined area where they are being held against their will.

Because kidnapping is a crime that is punishable by both federal law and state law in Texas an arrest on state and federal levels is a distinct possibility in the majority of kidnapping scenarios. In addition, in cases involving “kidnapping,” federal law can reach areas that state law cannot. For instance, the International Parental kidnapping Act was passed by Congress to deal with parents who take their children across international borders without permission and in violation of a court order.

In our practice, many instances of Kidnapping arise when a parent takes their children out of the custody of Child Protective Services (CPS) after a removal has occurred.  In these instances, once the child is recovered by CPS, the government will use this extra offense as more reason to terminate your parental rights in addition to slapping you with felony charges with strict jail time penalties.  You have to mount a strong aggressive defense to Kidnapping charges in Texas and especially in the North Dallas counties.  You need the experience of Trusted Criminal Defense Lawyers in Frisco, Texas on your side.  

For a consultation on your alleged Kidnapping offense in Frisco, Plano, Dallas, Carrolton, Denton, Richardson, and the surrounding areas of Collin, Denton, and Dallas County, Texas, call Ridgely Davis Law immediately at (469) 935-4600. Our legal team will fight to get the criminal accusations against you reduced or dropped wherever possible.

How could they possibly accuse me of kidnapping?

If the state’s attorneys feel that all of the requirements of section 20.03(a) have been satisfied, then they may choose to bring kidnapping charges against you.

The statute for Kidnapping is extremely short and direct and states the following:

Texas Penal Code Sec. 20.03. KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person.

In Texas, a person taking another person without their consent occurs considerably more frequently than people understand, contrary to the prevalent perception that this offense only pertains to children abducted by men in white vans. Examples of “kidnapping,” “unlawful restraint,” and “abduction” include the following:

• Parents taking their children without legal authority to do so
• Strangers taking victims and holding them for ransom
• Workers held for ransom in order to take advantage of employers’ kidnapping insurance policies

In the state of Texas today, kidnapping cases do not usually involve the more conventional concept of kidnapping that existed in years gone by, in which persons were kidnapped for profit (ransom). When dealing with contentious ex-spouses over child custody issues, it is becoming almost routine for parents to face allegations of parental kidnapping (as well as child endangerment charges) in today’s society. In Texas courts in the present day, kidnapping accusations are more prevalent than the majority of the general public believes to be the case and these charges are prosecuted aggressively due to the stigma of the name of the offense.  This only underscores the need for a seasoned Criminal Defense Lawyer such as those at Ridgely Davis Law to be on your side to defend against Kidnapping charges in conservative counties like Collin and Denton County.

kidnapping and aggravated kidnapping in Texas

Under Texas law, kidnapping and aggravated kidnapping are two distinct counts, and a conviction for each of these offenses can result in a sentence that differs from the other. They are similar in that unlawful restraint and the abduction of someone are both essential elements. Both are classified as felonies, but the accusation of aggravated kidnapping carries a sentence that is far more severe, with a maximum potential term of 99 years in prison for the offender.

In the state of Texas, the typical kidnapping charge is considered a felony of the third degree, which brings with it a maximum fine of $10,000 and a possible prison sentence ranging from 2 to 10 years. The crime of aggravated kidnapping can be classified as either a felony of the first or the second degree; however, a felony of the first degree carries a maximum punishment of $10,000 and a prison sentence that can range from five years to virtually life in prison.  Aggravated kidnapping can be evaluated at the lesser charge of a felony of the second degree if the defendant establishes that he willingly released the abducted person in a secure area.

In Texas, kidnapping and unlawful restraint are two different crimes.

It is also conceivable to face accusations of unlawful restraint without the charge of kidnapping. This is because unlawful restraint is a subcategory of kidnapping. This can be a significant factor in pre-charge negotiations between a Collin, Denton County kidnapping lawyer and a local prosecutor, as well as in plea negotiations after kidnapping charges have been filed against the defendant.

While kidnapping is considered a felony, unlawful restraint is considered a misdemeanor. Therefore, attorneys who defend clients accused of kidnapping will place a strong emphasis on the element of abduction when reviewing the evidence that the state has against their client, the defendant, in order to determine what (if any) evidence exists to show that the defendant had the means to restrain the victim and the intent to do so in order to restrict their freedom by either keeping them in a hiding place or threatening them with deadly force.

Evidence of the kidnapping taking place in cases

The competence of the prosecutor to prove the element of abduction is essential in order to establish that a circumstance involving unlawful restraint constitutes kidnapping, which is a felony. If there is sufficient evidence to suggest that a person was kidnapped, the next question will be whether or not the kidnapping was aggravated, and whether or not it was thus deserving of a more severe sentence.

If a person abducts another person with the desire to do so or with knowledge that they will do so and employs or displays a lethal weapon during the abduction, then the crime is considered aggravated kidnapping and the highest category of felony.

According to Section 20.04 of the Texas Penal Code, aggravated abduction is defined as follows:

Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:

(1) hold him for ransom or reward;

(2) use him as a shield or hostage;

(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;

(4) inflict bodily injury on him or violate or abuse him sexually;

(5) terrorize him or a third person; or

(6) interfere with the performance of any governmental or political function.

(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

What are the repercussions of the crime known as kidnapping?

According to the laws of the state of Texas, a person who is found guilty of the crime known as kidnapping faces the punishment of a felony of the third degree, which has a maximum possible fine of up to $10,000 and a prison sentence ranging from 2 to 10 years.

A conviction for aggravated kidnapping is punished as a felony of the first degree, with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison, unless you can prove, by a preponderance of the evidence that you voluntarily released the victim in a safe place, in which case it is punished as a felony of the second degree. If you are able to demonstrate that you voluntarily released the victim in a safe place The maximum sentence for a first-degree felony is far more severe than the maximum sentence for a second-degree felony. Twenty years in prison is the maximum sentence for someone convicted of a felony of the second degree.

The need for an experienced defense attorney is essential in cases involving the charge of kidnapping.

Defendants who are facing kidnapping charges, which are classified as felonies and carry hefty potential prison sentences, best consider retaining the services of experienced criminal defense attorneys in the Collin, Dallas, Denton county areas. In a scenario in which you are being threatened with arrest for kidnapping or restraint of another person, it can be extremely important to have a Frisco | Plano kidnapping lawyer advocating on your behalf as soon as possible. Even better is to have a Kidnapping Criminal Defense Lawyer that also practices in Family Law such as the Kidnapping Attorneys at Ridgely Davis Law as this provides them with a broader range of knowledge and defense power.

It can’t be stressed enough that the best criminal defense strategy for those who are being accused of kidnapping is to begin building your defense immediately, don’t wait as this is when mistakes are made.  Getting started early with a trusted Frisco Kidnapping Criminal Defense Lawyer is when your story can be presented to the Detective to potential keep the charges from every being submitted to the Collin | Denton County District Attorney’s office for an indictment.  Or, your type of charge submitted to the DA may actually be a lesser charge due to the Detective considering the narrative and the strength of the defense.  Additionally, it allows your Kidnapping attorney to submit a Grand Jury packet to the DA to be considered when presenting your case to the Grand Jury (which is where it is determined if your case will be indicted or no billed which means it is dismissed) and finally if the indictment goes through, your attorney can then immediately start negotiations with the prosecutor to seek a dismissal, or a reduction.    The ideal scenario for a charge of kidnapping is one in which the case was never submitted to the DA in the first place but that typically only happens if you have an experienced persuasive Kidnapping Criminal Defense Lawyer on your side early on.

In addition, attorneys who have expertise in the field of kidnapping are aware of the many defenses that can be found in the Texas Penal Code itself and know how to use them. For example, the following affirmative defense criteria are stated for a prospective kidnapping allegation in Texas Penal Code Section 20.03, and if the defense can demonstrate facts to support these affirmative defense factors, then the kidnapping charges cannot hold:

(1) the actor was a relative of the person who was abducted;

(2) the actor’s only goal was to assume lawful custody of the victim; and

(3) the abduction was not paired with the intent to use or to threaten to use lethal force.

Last but not least, cases of kidnapping and unlawful restraint include emotionally charged conditions in which judges and jurors may find themselves feeling emotionally affected by particular circumstances. One kind of emotional impact may be felt in response to mothers who try to spend time with their children despite the risk of being arrested, while a different kind of emotional impact may be felt in response to strangers who hold a man for ransom while threatening to cause bodily harm or even death. The experienced Frisco Kidnapping Criminal Defense Lawyers at Ridgely Davis will work with you to establish defenses based on legal techniques that are specific to the unique factual circumstances in your case.  Schedule a Free Case evaluation with our team to learn how we can help you.

Texas kidnapping Defense Lawyer in Frisco & Carrollton, Texas

The Criminal Defense Lawyers at Ridgely Davis Law have an efficient and tenacious criminal practice that is ready to assist you.  Our streamlined law firm coordinates its efforts to give each client the personal attention that they need and deserve.  When fighting against the government and the possibility of jail time, fines, permanent marks on public records, prison incarceration, loss of license, loss of jobs, absence from family events and everyday living, the Criminal Defense Lawyers at Ridgely Davis Law serving Collin, Denton and surrounding counties are here to help you.