Kidnapping Lawyer in Miami, FL
Have You Been Charged with Kidnapping in Miami?
Florida Criminal Statute 787.01 states that, “kidnapping means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will and without lawful authority,” with intent to hold for ransom, inflict bodily harm upon, or to terrorize the victim or another person, or interfere with the performance of any governmental or political function. Kidnapping charges are very serious, and without the experience of a Miami kidnapping lawyer, beating the charges is going to be very difficult.
In Miami, fighting kidnapping charges without the help of a defense attorney is going to be nearly impossible. Kidnapping laws in Florida are categorized as violent crimes, and the state prosecution takes kidnapping charges as seriously as any other violent crime.
What Must a State Prosecutor Prove in Order for a Defendant to Be Found Guilty of Kidnapping Charges?
In order for a state prosecutor to prove kidnapping charges, they must prove ꟷ beyond a reasonable doubt ꟷ the following:
- The defendant initiated the use of force in order to abduct another individual
- The defendant held another person against their will and tried to get some sort of ransom in exchange for the person that was abducted
- The defendant initiated use of force and caused bodily harm to the victim that was kidnapped
- The defendant interfered with a governmental or political function
- The defendant abducted another individual in order to assist in the crime of a felony
What Are the 2 Categories that Kidnapping Falls Under, and What Are Their Potential Punishments?
In Miami, kidnapping charges fall under 2 categories. They are simple kidnapping or aggravated kidnapping.
The penalties for simple kidnapping include:
- Restitution to the victim
- Community service hours
- 3-8 years of prison time
If charged with aggravated kidnapping, the penalties can include:
- Community service hours
- Life sentencing in prison
How Can a Kidnapping Lawyer Help a Client Who is Dealing with Kidnapping Charges?
Kidnapping charges often do not stand up in court because the actual kidnapping did not make execution of another felony easier to commit. Kidnapping charges are considered to be a first-degree felony. If found guilty of kidnapping, a defendant could face the penalty of a lifelong prison sentence. If the victim was 13 years of age or younger, the penalties are likely to automatically be a life sentence in prison. In addition, if a deadly weapon or firearm arm is used during the execution of the kidnapping, the charges will be enhanced. Even if the victim did not experience any physical harm, holding someone against their will is enough for a person to be charged with kidnapping.
Oftentimes, custody battles between two parents can result in kidnapping charges. For example, if a court never rewarded one parent any type of custody and they spend time with their child, it can result in kidnapping charges. A Miami kidnapping defense attorney gives an individual who was accused of kidnapping the best chance of being found innocent.
When facing kidnapping charges in Miami, it is essential to have the services of a lawyer. One plan of defense that many attorneys use is to prove that the confinement, abduction, or imprisonment of a victim was minor and did not help the act of a felony offense.
There is a lot at stake when facing kidnapping charges, which makes it necessary for the individual being charged with the crime to have an attorney in their corner. A quality Miami kidnapping lawyer will be able to provide you with the aggressive defense that is necessary when dealing with kidnapping charges.