Kidnapping is a very confusing criminal offense. In some cases, the law states exactly what it means to take a person and illegally hold them against their will. In other situations, unlawful restraint is enough to administer a kidnapping charge. With many defendants, the motive behind the kidnapping is the key. Harsher offenses for kidnapping include ransoms, restraining while committing a felony, harassing the victim or restraining a person in various ways that prevents their liberties. However, there are usually two parts to any surefire kidnapping charge: a person who was unlawfully taken and a motive for taking the person. You can find the exact ramifications of these charges under Texas Penal Code 20.03.
There are different charges depending on the type of kidnapping.
The punishments for any of these charges can be severe. However, the most severe punishments come with aggravated kidnapping. Those who are convicted of kidnapping charges can expect to pay large fines, court fees and serve jail or prison time. In cases of aggravated kidnapping, a convicted criminal can serve from five to 99 years in prison depending on the severity of the crime, particularly when the victim was a minor and there was an element of violence, deadly weapon or sexual abuse involved.
Criminal lawyers see cases of kidnapping multiple times per year. Mostly these charges involve parents, grandparents and children who simply don’t understand the statutes. If you are facing charges, hiring a kidnapping attorney can reduce a sentence or even dismiss a case. Prosecutors must prove several factors to earn a conviction, and many times, it is impossible to gain all the evidence necessary.
To get a complimentary legal consultation, reach Houston kidnapping attorney Brett A. Podolsky by telephone at 713-227-0087.
