Texas Criminal Defense Attorneys Represent Clients Facing Kidnapping Charges
Firm in Rockwall and Wylie handles cases involving abduction charges
A conviction on a kidnapping charge in Texas can result in years behind bars and expensive fines. If you’ve been accused of such an offense, Grob & Associates Law Firm PC will vigorously fight to protect your rights. From offices in Rockwall and Wylie, our skillful criminal defense attorneys thoroughly review the facts in cases of alleged abduction to maximize the likelihood of a favorable result.
Understanding the definition of kidnapping under Texas law
Kidnapping is when a person intentionally and knowingly abducts another person using force, the threat of force, deceit or fraud. A similar but typically lesser charge is unlawful restraint, which is when a person’s freedom to move is restricted, but they are not taken to another location. The charges and penalties for these crimes depend on the specific facts of each case. Once we understand the evidence the authorities claim to have, we develop a personalized strategy to counter the case against you.
Different types of crimes involving abduction and involuntary restraint
Specific kidnapping-related offenses in Texas include the following:
- Unlawful restraint — These offenses can be prosecuted as a Class A misdemeanor, state jail felony or third-degree felony depending on the circumstances, such as the victim’s age, whether the victim was a public servant, or whether the victim was exposed to a substantial risk of bodily injury. Penalties range from up to one year in county jail and a maximum $4,000 fine for a misdemeanor to a possible 10-year prison sentence and a fine of up to $10,000 for a felony conviction.
- Kidnapping — A third-degree felony punished by up to 10 years in prison and up to a $10,000 fine.
- Aggravated kidnapping — A first-degree felony that carries a maximum penalty of life imprisonment. If it’s proven that the victim was released in a safe place following the kidnapping, the charge is a second-degree felony with a sentence of up to 20 years’ incarceration. Both offenses come with a fine of up to $10,000.
Sexual offenses, using a weapon, or committing felony drug crimes or other felonies in connection with kidnapping could be aggravating factors that increase severity of charges.
Key potential defenses against a kidnapping prosecution
Some of the key defenses used in kidnapping cases include the following:
Lack of intent
Mistaken identity
- Falsely accusation
- Insufficient evidence
- Constitutional violations by law enforcement
- Alibi
- Duress or necessity
- Parental rights
Every case involves different nuances and considerations. Though the term might conjure images of a stranger grabbing a child off the street, kidnapping cases frequently involve allegations stemming from custody disputes or other conflicts between people who know each other. Whatever the facts are in your situation, it is essential to get prompt legal guidance from a qualified attorney to avoid a violation of your fundamental rights.
How an accomplished lawyer can strengthen your defense in an abduction case
An experienced defense lawyer will explain your charges and the possible consequences of a conviction. We don’t just rely on what the authorities say, but investigate the facts to find holes in the prosecution’s argument. Whether the best course of action is to take the case to trial or negotiate for a reduced charge, our firm provides determined advocacy for individuals accused of kidnapping and unlawful restraint.
Contact our Texas lawyers for help with an abduction charge
Grob & Associates Law Firm PC, with offices in Rockwall and Wylie, defends Texans charged with kidnapping and unlawful restraint, as well as other criminal charges. To schedule a consultation, call 972-777-5701 or contact us online.
