Miami Kidnapping Defense Attorney
Kidnapping and Unlawful Imprisonment Offenses
Kidnapping is considered a serious felony offense in any state in the Union, whether a child or an adult is the victim. Law enforcement officers are not at all sympathetic toward an alleged kidnapper. Prosecutors are zealous in demanding the harshest sentencing which may be as severe as life in prison. Just because a person is accused of kidnapping or the lesser offense of false imprisonment does not mean the person is actually guilty of either one.
In the past good Samaritans and other equally innocent persons have found themselves accused of a criminal offense and have had to fight to extricate themselves from the legal system. Regardless of the circumstances, if you have been charged with one of these crimes you need the assistance of a lawyer who takes an aggressive stance in dealing with criminal charges.
Kidnapping and False Imprisonment
Kidnapping occurs when a person, without lawful authority, physically moves another person without that other person's consent, with the intent to use the abduction in connection with some other nefarious objective. In Florida, false imprisonment involves depriving a person of their freedom of movement against their will.
Kidnapping deals more with intent and involves the confinement or abduction of another person in order to:
- Hold the victim for ransom
- Inflict bodily harm upon the victim
- Interfere with a government function
Kidnapping Penalties in Florida
Any kidnapping offense involving a child carries very severe penalties. When a charge of kidnapping is accompanied by another felony accusation, for example, to collect a ransom, the penalties for kidnapping or false imprisonment are radically increased. A person may also be charged with false imprisonment for insisting his or her spouse, partner, child or other person remain in a room or inside the home under threat. (Florida Statute §787.01 (2011)).
Domestic disagreements can easily escalate into highly emotional exchanges, especially during breakups, divorce or child custody disputes. Just as an individual may be falsely accused of domestic violence false accusations of false imprisonment sometimes happen as a result of strong emotions. If you think you may be charged or have already been charged it is important that you move quickly to secure the assistance of a resourceful kidnapping defense lawyer, to protect your freedom. A kidnapping charge requires professional legal help. Regardless of your viewpoint on the events, kidnapping is a felony.
As a skilled Miami criminal defense lawyer Attorney Tomas can help you understand the charges and assist you with your defense. Call us today.
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