If you or someone you love has been charged with kidnapping it is important to contact a criminal defense attorney right away. Kidnapping is a felonious offense and if convicted, carries serious consequences such as lengthy jail time and hefty fines. You need a criminal defense attorney that is willing to fight for your rights.
At Ascheman Law, we will make sure you understand the charges you face, and ensure that your rights are protected and that you receive the best possible resolution for your case. If you have any questions and are in need of professional and effective legal representation, contact Ascheman Law now. Remember, your first consultation is free.
What is Kidnapping?
The Minnesota Courts define Kidnapping as when an individual confines or removes from one place to another any person without the person’s consent, or if the person is under 16 years of age, without their parent’s consent, for any of the following reasons:
- To hold for ransom;
- To hold as a reward for release;
- To hold as a shield;
- To hold as a hostage;
- To facilitate commission of any felony;
- To greatly harm the victim or another;
- To terrorize the victim or another; or
- To hold in involuntary servitude.
Often, Kidnapping charges arise from custody battles. If one parent has custody of the children, and the other parent takes the children without permission, kidnapping charges can arise.
What are the penalties if convicted?
If convicted of kidnapping, the penalties can be severe and are greatly influenced by the location and well-being of the victim at the time of the victim’s release. This is because the State wants to encourage kidnappers to safely return the victims.
If the victim is released in a safe place and was not greatly harmed, the kidnapping conviction carries a maximum sentence of 20 years imprisonment and/or a fine of no more than $35,000. However, if the victim was either released in an unsafe place, was greatly harmed during the kidnapping, or was under the age of 16, the kidnapping conviction carries a maximum sentence of 40 years imprisonment and/or a fine of no more than $50,000.
How is Kidnapping different from False Imprisonment?
It is easy to confuse Kidnapping with False Imprisonment. False Imprisonment is similar to Kidnapping in that it requires one person to hold another against his or her will and is a felonious offense. There are different types of confinement. Kidnapping and False Imprisonment both exist because while they can be similar, they each pertain to different situations and ways a person may be confined.
False Imprisonment is when an individual, knowing they don’t have the lawful authority to do so, intentionally confines another person or another person’s child under the age of 18 without the parent’s consent. False Imprisonment statutes in Minnesota also take care to detail unreasonable restraints of children, stating that tying, locking, caging or chaining a child for a prolonged period of time and in a cruel manner constitutes False Imprisonment.
Even though False Imprisonment is also a felonious charge, it carries less severe consequences than Kidnapping with a maximum sentence of five years imprisonment and/or a fine of no more than $10,000.
Why should you call us?
No matter what kind of Kidnapping you are charged with or the severity of the charge, it is important to consult with a criminal defense attorney to understand the charges, your rights, and to protect your future. There are many excellent reasons to contact Ascheman Law for a free consultation, here are a few:
- It’s free, you have nothing to lose but time;
- We can answer your questions;
It’s confidential, we are bound by a code of ethics not to talk about your case;
- No strings. Yes, we would like to represent you, but you are in no way required to hire us;
- We want to help, it’s why we do what we do; and
- It may change your life.
What to Do:
If the State is accusing you of Kidnapping, you need trained criminal attorneys to help fight these charges. Call us today at 612-217-0077 to set up a free consultation.
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