Kidnapping occurs when an individual unlawfully abducts, removes, or confines another person against their free will. Furthermore, the abduction, removal, or confinement must me done with the intent to terrorize, hold for ransom, aid in the commission of a felony, or subsequent flight from a felony. For a more complete definition, please refer to the following:
Kidnapping is graded as a Felony of the First Degree and is punishable by a maximum period of incarceration of twenty (20) years. If convicted of a Kidnapping, it is virtually certain that an individual would be sentenced to a period of incarceration.
When faced with a Kidnapping charge, there are several affirmative defenses that a skilled and experienced attorney may utilize to aggressively defend against such serious allegations. For example, the following defenses may be available: duress; ignorance or mistake; justification; consent; guilty but mentally ill; or insanity. These defenses may or may not be available; however, if they are not asserted properly or in a timely manner, then they may be forfeited by the accused. As such, it is imperative to secure competent, knowledgeable, and experienced counsel as soon as possible in order to preserve your rights and interests.