Dallas Kidnapping Defense Attorney
Under Texas law, kidnapping occurs when an individual knowingly or intentionally abducts another person against their will. There need not be the use of violence or weapons for kidnapping to occur, as the only requirement is that there be the knowing or intentional abduction of another.
Abduction, according to the Texas Penal Code, refers to the act of restraining an individual with the intention of preventing their freedom by threatening to use deadly force, holding them in a location where they are not likely to be found, or both.
Kidnapping charges may be filed in any number of different scenarios. An individual who takes another person from location to another without consent may just face arrest and prosecution on charges of kidnapping.
There are several defenses that may be employed in a kidnapping case. If you have been accused of kidnapping in Texas, it is crucial that you consult with an attorney as soon as possible. Contact David Finn, P.C. at (214) 871-1121 today to discuss your case.
Under the Texas Penal Code, aggravated kidnapping involves knowingly or intentionally abducting another individual with the intent to:
- Hold the victim for reward or ransom
- Use the victim as a hostage or shield
- Inflict bodily injury on the victim
- Sexually abuse or violate the victim
- Facilitate the commission of a felony or facilitate the flight after the commission or attempt to commit a felony
- Interfere with the performance of any political or governmental function
- Terrorize the victim or a third party
Punishments of Kidnapping and Aggravated Kidnapping
Kidnapping and aggravated kidnapping are two different charges, each carrying a unique set of penalties upon conviction. While both kidnapping and aggravated kidnapping are felony charges and involve the illegal restraint and abduction of another, they differ in terms of punishment.
Kidnapping is a third degree felony in the state, carrying a punishment of up to $10,000 in fines and anywhere from two to ten years in prison. Aggravated kidnapping, on the other hand, may be classified as either a first or second degree felony depending on the situation. A first degree felony is punishable by up to $10,000 in fines and anywhere from five years in jail to life imprisonment.
Note that if the defendant can prove that he or she voluntarily released the kidnapped victim in a safe place, then aggravated kidnapping may be classified as the lesser charge of a second degree felony.
Call David Finn, P.C. Today
Kidnapping is a serious yet confusing criminal offense to be charged with, as the penalties and consequences can negatively affect your personal and professional life for years to come.
Your future is at stake. David Finn, P.C. will fight aggressively to protect your rights and to fight the allegations against you. Call (214) 871-1121 today.