Being charged with kidnapping requires a serious defense, because the penalties are harsh and life-changing. When you work with an attorney, your lawyer will investigate the circumstances surrounding your case and determine what the best potential defense tactics are. Below are a few possible defenses to a kidnapping charge.
The Alleged Victim Actually Gave Consent
Under the law, kidnapping is defined as the taking of or moving someone against their will or consent. However, if the alleged victim actually gave consent to being moved or taken, then kidnapping charges would not apply. If the circumstances in your case suggest that the alleged victim gave permission to being moved or taken, you may be able to have the charges against you dismissed.
The Kidnapping Was Mistaken
In some cases, the defense of ignorance or a mistake may be applicable. If, for example, you are a parent and misunderstood your custody arrangements and did not return your child at the appropriate time, you could be charged with kidnapping. However, your attorney may be able to prove that you were mistaken regarding the time you were supposed to return the child. If this is the case, the charges against you may be dropped if it can be shown that you did not willfully and intentionally kidnap the child.
You Were Under Duress
Another defense to kidnapping charges is that you were acting under duress and were threatened by another person to engage in the kidnapping. If you were threatened with death or seriously bodily injury or unlawful force was used to coerce you to engage in kidnapping, you may be able to use this as a viable defense against kidnapping allegations.
The Insanity Defense
Depending on the facts of your case, your attorneys may be able to introduce the insanity defense. If this occurs, it is up to the prosecution to prove that you were mentally fit at the time of the crime to have sufficient knowledge of what you were doing. This can be difficult for the prosecution to do.
When to Contact a Kidnapping Defense Attorney
If you are arrested on kidnapping charges, or have simply been accused of kidnapping, it is in your best interest to protect your rights immediately by contacting an experienced attorney as soon as possible. At the Law Office of Jennifer Mouzis, we have the experience to zealously defend you against kidnapping charges and will work hard to put together a sensible and strong defense based on the facts of your case. Call for a consultation at (916) 822-8702.