Florida Statute Section 787.01 defines Kidnapping as "forcibly, secretly or by threat confining abducting or imprisoning another person against their will and without lawful authority, with intent to...hold for ransom...commit a felony...inflict bodily harm...or interfere with a government function..."
Kidnapping is typically charged as a First Degree Felony which carries with it severe potential punishment upon conviction, up to and including potentially life in prison. Most kidnapping cases involve highly complicated factual scenarios which often are intertwined with domestic and family issues. A seasoned experienced attorney needs to be hired immediately to fight for the client’s rights at the earliest possible point in the proceedings.
There are many possible defenses to a kidnapping charge including insufficient evidence, parental authority, proper custodial relationship, lack of evidence and misidentification to name a few. Consent of the alleged victim of the kidnapping is also a defense and the State must prove that the victim did not voluntarily go with the accused. Time and space are also key elements to the charge and only a trained criminal defense attorney can properly prepare and present a kidnapping case.
Often the charge of kidnapping involves parental and/or family related matters. Our firm is very familiar with the nuances and dynamics involved in these types of cases and will fight diligently to present these issues to the presiding judge and/or jury.
For a free initial consultation, contact Tampa criminal attorney Robin Fuson to discuss your case.