Introduction
Kidnapping is the crime of taking or transporting a person against their will. Kidnapping charges in Arizona are covered under ARS 13-1304, and can include holding a victim for ransom, inflicting injury, or even keeping a child without formal custody.
If you have been charged with kidnapping in Arizona, then you need a skilled criminal defense attorney to support you. Our kidnapping lawyers at JacksonWhite Law have defended countless clients in Phoenix and throughout Arizona with the goal of pursuing reduced or dropped charges.
Kidnapping Under Arizona Law
Kidnapping in Arizona is described in ARS 13-1304, and the crime can take many forms. The statute defines the act of kidnapping as knowingly restraining another person with intent to commit any of the following acts:
- Holding the victim for ransom, as a hostage or as a shield.
- Holding the victim for involuntary servitude.
- Inflicting death, physical injury or a sexual offense on the victim.
- Placing the victim in apprehension of imminent physical injury
- Interfering with the
- Aid in the commission of another felony.
In Arizona, different acts of kidnapping are labeled differently to better classify the crime. For example, an act may be labeled abduction when the victim is a woman. Similarly, kidnapping is sometimes labeled child stealing when the victim is a child, particularly when the kidnapper intends to permanently keep the child. In cases where a divorced parent without custody kidnaps his own child, it is referred to as “childnapping.”
Even if the child gives consent in one of these cases, a person can still be charged with kidnapping or child abduction for taking the child without first obtaining consent from the child’s legal guardian. This is most common in cases of custody battles where the parent without custody takes the child.
Kidnapping charges in Arizona can be committed in either the first or second degree.
- First-degree kidnapping involves cases of ransom, injury, or intent to harm. Examples of first-degree kidnapping include kidnapping for ransom, custodial kidnapping, or kidnapping for sexual offenses.
- Second-degree kidnapping involves less severe cases, such as restraining an individual without intent to harm.
Kidnapping charges may be classified even more severely if there are aggravating factors involved, such as the use of weapons, the involvement of minors, or the crossing of state lines.
Because kidnapping in Arizona is associated with harsh penalties, Arizona defendants should promptly obtain legal counsel if charged. With the help of an Arizona kidnapping attorney, it may be possible for defendants to have their charges reduced to the lesser crime.
Penalties for Kidnapping in Arizona
Kidnapping can typically be classified as either a class two, three, or four felony in Arizona. The level of felony depends on the treatment of the victim and the severity of the crime.
A kidnapping charge can come with the following penalties:
- Kidnapping will likely be a class four felony charge subject to between 1.5 and 3 years in prison if the defendant releases the alleged victim to a safe place without subjecting them to physical harm, sexual acts, or ransom demands.
- Kidnapping charges can be considered a class three felony charge with between 2.5 and 7 years in prison if the defendant did not inflict any harm on the alleged victim and negotiated the terms of the victim’s release with law enforcement.
- Kidnapping is considered a class two felony with prison time ranging from 4 to 10 years if the defendant does not voluntarily release the alleged victim, inflicted injuries on the victim, committed a sexual crime against the victim, or coerced the victim in for assistance in committing a felony offense. ,.
- If the kidnapping charge is the result of kidnapping your own child without the consent of the other parent, you could lose custody entirely.
The penalties and prison sentences may be even more serious with aggravated circumstances. For example, if the victim is under 15 years old, then it is a class 2 felony, and it is also considered a dangerous crime against a child, so defendants can expect an even harsher punishment ranging from a minimum of 10 years in prison to 24 years total.
Kidnapping penalties in Arizona have harsh consequences that can range up to years in prison. If you have been charged with kidnapping, you should seek the support of an experienced kidnapping attorney as soon as possible—our attorneys at JacksonWhite can help.
Why Hire a Phoenix Kidnapping Lawyer?
If you’ve been charged with kidnapping in Phoenix, it’s important to seek the support of a skilled attorney as soon as possible. A lawyer serves as a crucial resource against criminal charges, advocating for your rights.
Benefits of hiring our Phoenix kidnapping lawyers at JacksonWhite include:
- Understanding of Arizona Law – Our attorneys have extensive experience working within Arizona law and a deep understanding of important nuances, helping you better understand your legal options.
- Tailored Defense Strategies – We will closely analyze your case to build a tailored defense strategy with the greatest chances of a positive outcome.
- Protection of Rights – Our kidnapping lawyers will advocate for you to ensure that your rights are not taken advantage of and that you receive a fair trial.
- Experience with Complex Cases – We have worked through hundreds of unique, nuanced cases, preparing us for a variety of potential challenges.
- Negotiation Skills – Our attorneys have experience negotiating with the prosecution team to seek reduced charges or a better outcome.
Located in the Phoenix metro area, our attorneys at JacksonWhite Law support clients throughout Arizona in pushing back against harsh charges and pursuing the best possible outcome for their case. When you contact us, we’ll advocate for you against the prosecution and uphold your rights throughout the process.
Our Approach to Kidnapping Charges
At JacksonWhite Law, we take a comprehensive approach to all criminal defense cases, including kidnapping charges. This detailed approach allows us to build the best possible defense for our clients.
We begin every case with a free initial case review to learn more about the details of the charges against you and start assessing your legal options. From there, we’ll stand by your side with strong legal guidance while building a legal strategy to maximize your chances of the best possible outcome.
We take the following steps to support you in combating your kidnapping charges:
- Personalized Attention – We stand by your side throughout your entire case, offering you the attention to detail necessary to build a customized and rigid defense.
- Comprehensive Case Evaluation – We will take detailed steps to evaluate your case and understand the best path forward.
- Aggressive Defense Strategy – Once we have a strong understanding of your case, we’ll craft a defense with the greatest chances of avoiding harsh penalties.
- Thorough Investigation – We will investigate all the facts of your case by interviewing witnesses, reviewing police reports and more to get a complete picture.
- Client-Centered Communication – We will maintain clear and continuous communication with you throughout your case, ensuring you understand every step of the process and what to expect.
- Negotiation with Litigation – We will negotiate with the prosecution team to seek a plea deal that advocates for reduced charges.
In addition to these steps, our kidnapping attorneys will explore all legal avenues for seeking reduced charges for you and pursuing the least severe possible penalties. When you schedule an initial case review with our team, we will work to understand the nuances of your case and detail our plan for moving forward.
Potential Kidnapping Defense Strategies
Just physically restraining someone is not enough to warrant a kidnapping charge, so in most cases, the best defensive move is to prove that the defendant was not trying to achieve any of the intentions listed under the kidnapping statute. However, there are several defense strategies we may be able to use.
At JacksonWhite Law, our attorneys have decades of experience in criminal defense cases, and this includes defending against kidnapping charges. Our team of kidnapping lawyers may be able to utilize several defenses in your favor depending on your case.
Other potential defenses that we can use against kidnapping include:
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- Consent – If the defendant had consent to watch the individual or travel with them, we may be able to argue that the act was not kidnapping and advocate for dropped charges.
- Lack of Intent – In cases where the defendant did not maliciously intend to kidnap an individual, we may be able to argue that the incident was a misunderstanding and justifies reduced or dropped charges.
- False Accusations – If we can gather evidence that the defendant was falsely accused of kidnapping, we may be able to argue this before the court in search of dropped charges.
- Insufficient Evidence – If the prosecution team does not have enough evidence incriminating the defendant to overcome the burden of proof, we may be able to argue for a not-guilty verdict.
- Duress or Coercion – If the defendant was forced to commit kidnapping under the coercion of a third party, we may be able to argue that the act was unintentional and seek reduced charges or less severe penalties.
Every case is unique, so the best kidnapping defense depends on the specific facts of each situation. When you schedule a free initial case review with our kidnapping attorneys at JacksonWhite Law, we’ll discuss your legal options with you and start building a potential defense that makes the most sense for you and your case.
What Outcomes Can You Expect from JacksonWhite Law?
At JacksonWhite, we take a detailed approach to criminal defense cases so we can create a rigid defense and advocate for the best possible result with the least severe consequences. Using our decades of experience in criminal defense, we can pursue several potential outcomes depending on the case.
Our experienced team may be able to accomplish some of the following outcomes:
- Reduced Charges – Using a strong defense, we can advocate for reduced charges with less severe penalties.
- Case Dismissal – By highlighting holes in the prosecution’s case or discrepancies during trial, we may be able to get your case dismissed.
- Mitigated Sentences – We may be able to highlight mitigating factors, like age or mental incapacity, in order to get charges reduced.
- Enhanced Legal Protection – Having our attorneys by your side will increase your opportunities for legal protection, helping you understand your rights and avoid risking harsher penalties.
- Favorable Negotiations – Our team will negotiate with the prosecution side in search of a plea deal to advocate for reduced sentencing or less severe penalties.
When you represent yourself, you run the risk of facing some of the harshest penalties under the law. Working with one of our kidnapping attorneys here at JacksonWhite will improve your chances of a positive outcome and offer you peace of mind while you navigate the court system.
Retain Expert Legal Representation for Kidnapping Charges
Kidnapping charges are serious and can involve harsh consequences. If you have been charged with kidnapping in Arizona, you should seek expert legal representation as soon as possible. A kidnapping attorney will help you understand your legal options, advocate for your rights, and build an effective defense strategy.
From custody disagreements to abduction cases, our team at JacksonWhite Law has supported countless clients in defending against kidnapping charges in Arizona. Call our Criminal Defense team at JacksonWhite Law right away if you’ve been charged with kidnapping in Arizona. Our experienced lawyers will work with you to help minimize your sentencing and provide you with outstanding legal guidance. When you contact us, we’ll schedule a free case review and begin strategizing an effective defense.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
