Kidnapping Defense Lawyer in Frisco, TX

Facing kidnapping charges in Frisco, Texas can be overwhelming and frightening. These serious felony accusations carry severe penalties including years in prison and substantial fines. At My Dallas Criminal Lawyer, an experienced Frisco kidnapping defense lawyer understands Texas kidnapping laws and provide aggressive representation for clients throughout Collin County.

Our Frisco office, conveniently located at 5 Cowboys Way STE 300, serves clients facing kidnapping and aggravated kidnapping charges. With former prosecutor experience and a proven track record in violent crime defense, we know how to challenge the prosecution’s case and protect your rights. Contact us today at 214-949-4117 for a free consultation.

Understanding Kidnapping Charges in Texas

Under Texas Penal Code Section 20.03, kidnapping occurs when a person intentionally or knowingly abducts another person. The law defines “abduct” as restraining a person with intent to prevent their liberation by either secreting or holding them in a place where they are not likely to be found, or using or threatening to use deadly force.

The prosecution must prove several key elements to secure a kidnapping conviction:

• Intent: The defendant acted intentionally or knowingly
• Restraint: The victim was physically restrained or moved
• Abduction: The restraint was done to prevent the victim’s liberation
• Method: Accomplished through secreting, holding, or threatening deadly force

Kidnapping differs significantly from unlawful restraint under Texas Penal Code Section 20.02. While unlawful restraint involves restricting someone’s movement without consent, kidnapping requires the additional element of abduction with specific intent to prevent liberation.

Common scenarios that lead to kidnapping charges in Frisco include domestic disputes where one party allegedly prevents another from leaving. Additionally, child custody violations involving taking a child without permission can result in charges. Furthermore, situations arising from other alleged crimes like robbery or assault may lead to kidnapping accusations. Even moving someone a short distance during another alleged offense can result in kidnapping charges.

Penalties for Kidnapping Convictions in Frisco

Kidnapping in Texas is classified as a third-degree felony, carrying serious consequences for those convicted. The standard penalties include:

• Prison sentence: 2 to 10 years in a Texas Department of Criminal Justice facility
• Fine: Up to $10,000
• Probation: May be available depending on circumstances and criminal history
• Permanent criminal record: Felony conviction affects employment, housing, and civil rights

However, penalties can be enhanced significantly under certain circumstances. When a kidnapping involves aggravating factors such as using or exhibiting a deadly weapon, demanding ransom, or using the victim as a shield, the charge becomes aggravated kidnapping under Texas Penal Code Section 20.04. This becomes a first-degree felony.

Aggravated Kidnapping

Aggravated kidnapping is punishable by 5 to 99 years or life imprisonment in prison, plus fines up to $10,000. This enhanced charge applies when the kidnapping involves additional aggravating factors such as demanding ransom, using the victim as a shield or hostage, or committing another felony during the kidnapping. However, if the defendant voluntarily releases the victim in a safe place, the offense may be reduced to a second-degree felony with penalties of 2 to 20 years imprisonment.

The impact extends beyond incarceration. A kidnapping conviction creates a permanent criminal record that affects employment opportunities, professional licensing, housing applications, and firearm ownership rights. For non-citizens, felony convictions can result in deportation or inadmissibility for immigration benefits.

Aggravated Kidnapping vs. Simple Kidnapping

Texas law distinguishes between simple kidnapping and aggravated kidnapping based on specific circumstances surrounding the alleged offense. Understanding these distinctions is important because they carry vastly different penalties.

Simple kidnapping under Section 20.03 involves the basic elements of abduction without additional aggravating factors. This third-degree felony typically occurs when someone restrains another person with intent to prevent their liberation through secreting or holding them where they’re unlikely to be found.

Aggravated kidnapping under Section 20.04 elevates the charge to a first-degree felony when any of these factors are present:

• Ransom demand: The defendant intended to hold the victim for ransom or reward
• Human shield: Using the victim as a shield or hostage
• Facilitation of other felonies: Kidnapping to facilitate the commission of another felony or flight after attempting or committing a felony
• Bodily injury: Inflicting bodily injury or sexually abusing the victim
• Deadly weapon: Using or exhibiting a deadly weapon during the offense

While the victim’s age may impact related charges or prosecutorial decisions, age-based enhancements are not specifically included within the kidnapping statute itself. However, they may arise through separate statutory provisions or additional charges under Texas child protection statutes.

Intent plays a critical role in determining the level of charges. Prosecutors must prove the defendant’s specific intent beyond the basic abduction elements. For aggravated kidnapping, they must establish intent to commit the additional aggravating acts, not merely that those acts occurred.

Common Kidnapping Defense Strategies

Experienced criminal defense attorneys employ various strategies to challenge kidnapping charges in Frisco courts. The most effective approach depends on the specific facts and circumstances of each case.

• Challenging Intent Elements: Since kidnapping requires specific intent to abduct, defense attorneys often focus on disproving the prosecution’s intent allegations. This may involve demonstrating that the defendant’s actions were spontaneous rather than premeditated. Additionally, attorneys may show that defendants had no intent to prevent the alleged victim’s liberation.
• Consent Defenses: If the alleged victim consented to the movement or restraint, this can negate the kidnapping charge. This defense is particularly relevant in domestic situations or cases involving adults who initially agreed to accompany the defendant.
• Lack of Restraint Arguments: The prosecution must prove actual restraint occurred. Defense attorneys may argue that the alleged victim was free to leave. Furthermore, they may show that no physical barriers prevented departure, or that the restraint was minimal and brief.
• Mistaken Identity Claims: In cases involving multiple suspects or unclear witness identification, establishing that the defendant was not present or involved in the alleged kidnapping can result in dismissal of charges.
• Constitutional Violations: Challenging evidence obtained through illegal searches, improper interrogations, or Miranda rights violations can lead to suppression of key prosecution evidence. Without sufficient admissible evidence, prosecutors may be forced to dismiss charges.
• Duress or Necessity: In rare circumstances, defendants may argue they acted under duress or necessity. For example, restraining someone to prevent them from harming themselves or others.

The Kidnapping Defense Process in Collin County

Understanding the legal process helps you prepare for what lies ahead when facing kidnapping charges in Frisco. The process typically follows these stages:

• Initial Arrest and Booking: Most kidnapping cases begin with arrest, either at the scene or after investigation. You’ll be booked into the Collin County Jail and should immediately request an attorney before answering any questions.
• Magistrate Warning and Bail: You’ll appear before a magistrate who will inform you of the charges and set bail. Kidnapping charges typically carry high bail amounts due to their serious nature.
• Grand Jury Proceedings: Felony cases in Collin County must be presented to a grand jury, which determines whether sufficient evidence exists to formally indict. Under Texas Code of Criminal Procedure Article 17.151, the State generally has 90 days from arrest to indict. However, this primarily affects bond conditions rather than automatic case dismissal. In practice, grand jury proceedings typically take 6-12 months and can vary significantly based on case complexity and court schedules.
• Arraignment: If indicted, you’ll be arraigned in the appropriate district court where you’ll enter a plea. Most defendants enter “not guilty” pleas to preserve all defense options.
• Pre-trial Motions: Your attorney will file various motions to suppress evidence, dismiss charges, or limit the prosecution’s case. These motions are important for building a strong defense foundation.
• Discovery and Investigation: Both sides exchange evidence and conduct investigations. Your defense team will analyze prosecution evidence, interview witnesses, and develop defense strategies.
• Plea Negotiations: Many cases resolve through plea negotiations. Your attorney will evaluate any offers and advise you on the course of action based on the evidence and potential outcomes.
• Trial Preparation: If no acceptable plea agreement is reached, your case proceeds to trial. This involves jury selection, witness preparation, and finalizing trial strategy.

The timeline varies significantly based on case complexity, court schedules, and whether you’re in custody or released on bail.

Protecting Your Rights During a Kidnapping Investigation

From the moment law enforcement contacts you about kidnapping allegations, protecting your constitutional rights is important. Understanding these rights can prevent self-incrimination and preserve your defense options.

• Miranda Rights and Interrogation: You have the right to remain silent and the right to an attorney. Exercise these rights immediately. Anything you say can be used against you, even statements you believe are helpful or explanatory. Politely decline to answer questions until your attorney is present.
• Search and Seizure Protections: The Fourth Amendment protects against unreasonable searches and seizures. Police generally need a warrant to search your home, vehicle, or personal belongings. However, exceptions exist for consent searches, plain view doctrine, and exigent circumstances. Never consent to searches and clearly state your refusal.
• Right to Counsel: You have the right to an attorney at every critical stage of the proceedings. This includes during interrogation, lineup procedures, and all court appearances. If you cannot afford an attorney, one will be appointed. However, hiring experienced private counsel often provides better representation.
• Avoiding Self-Incrimination: The Fifth Amendment protects against self-incrimination. You cannot be compelled to testify against yourself or provide evidence that could incriminate you. This extends beyond formal testimony to include statements made during arrest, booking, or casual conversations with law enforcement.
• Handling Law Enforcement Contact: If police want to question you, politely state: “I am invoking my right to remain silent and my right to an attorney. I will not answer questions without my lawyer present.” Remain calm and cooperative regarding identification and booking procedures, but do not discuss the case.

Document everything you remember about your interactions with law enforcement. This includes officer names, badge numbers, times, and locations. This information can be helpful for identifying potential constitutional violations.

Why Choose My Dallas Criminal Lawyer for Kidnapping Defense in Frisco

When facing serious kidnapping charges in Frisco, you need experienced legal representation that understands both the law and the local court system. Our attorneys’ background as former prosecutors provides valuable insight into how the state builds kidnapping cases, allowing us to anticipate prosecution strategies and identify weaknesses from the outset. Our convenient Frisco office at 5 Cowboys Way STE 300 provides easy access for Collin County clients while our understanding of local court procedures, judges, and prosecutors gives us strategic advantages in your case.

Attorney Justin Wilson has been recognized as a Texas Rising Star from 2021-2023 and is a member of the Texas Bar College as of 2023, reflecting our commitment to legal excellence and client advocacy. Our proven track record demonstrates our ability to achieve favorable outcomes in serious felony cases, including a NO-BILL result on three counts of manslaughter and three counts of aggravated assault in July 2025, plus numerous violent crime cases resolved through dismissals, acquittals, and favorable plea agreements.

We provide comprehensive support with 24/7 availability for emergencies and free consultations to evaluate your case, handling every aspect of your defense from initial arrest through trial or appeal if necessary. With a 5.0/5.0 Google rating from over 42 client reviews, we prioritize communication, transparency, and aggressive advocacy for every client facing these serious charges.

Contact Our Frisco Kidnapping Defense Attorneys Today

If you’re facing kidnapping charges in Frisco or anywhere in Collin County, time is critical. The sooner you contact an experienced criminal defense attorney, the better we can protect your rights and build your defense. We can often arrange for bail, begin investigating your case, and start building your defense while the evidence is fresh. The earlier we get involved, the more options we typically have for your defense.

We offer free consultations to evaluate your case and explain your options. During this meeting, we’ll review the charges, discuss potential defenses, and outline our strategy for your case. Additionally, we provide 24/7 emergency availability because we understand that criminal charges don’t wait for convenient times.

Don’t face kidnapping charges alone. The prosecution has experienced attorneys working against you – you need experienced advocates working for you. Contact My Dallas Criminal Lawyer today to begin building your defense and protecting your future.