Kidnapping Defense Lawyer in Dallas

Kidnapping is a dramatic and frightening word, but many less dramatic circumstances can lead to a kidnapping charge. A domestic dispute, child custody case, or disagreement about money can lead to kidnapping charges under some circumstances. You may not agree that you kidnapped anybody, but that doesn’t mean you shouldn’t take these charges seriously.

Kidnapping is one of the most serious criminal charges you can face in Texas. A kidnapping charge in Texas is normally a third-degree felony. However, the use of a deadly weapon or other aggravating factors can raise the charge to aggravated kidnapping, a first-degree felony. These charges can send you to prison for many years or even the rest of your life.

If you’re facing kidnapping charges in Dallas, you need skilled criminal defense representation. Abduction allegations have the potential to destroy your future. Your best chance for disproving these allegations is to hire a skilled defense attorney. Even if there’s no way to disprove the charges against you, a skilled kidnapping defense lawyer can work to get a plea deal or reduce the potential sentence.

My Dallas Criminal Lawyer is a criminal defense firm serving Dallas, Texas. We have dedicated ourselves to giving every person who hires us the best defense possible. We will vigorously defend your rights in court and do everything possible to obtain the best results. If you need legal help for a kidnapping case, call Dallas kidnapping defense lawyer My Dallas Criminal Lawyer at 214-764-5535 immediately.

What to Do If Accused of Abduction in Texas

If you’re accused of abduction in Dallas, Texas, the first thing you should do is contact an attorney. A seasoned kidnapping attorney in Dallas will understand these charges and how to defend them effectively. Your attorney will seek to prove your innocence on all charges. If this isn’t possible, a skilled criminal trial lawyer may still be able to get felony kidnapping charges reduced. Misdemeanor unlawful restraint charges involve substantially lower potential penalties.

Kidnapping and Related Charges in Texas

Kidnapping charges in Texas depend on the concept of restraint. This means interfering with someone else’s liberty by:

• Confining them
• Moving them from one place to another without their consent

Related criminal charges include:

• Unlawful restraint
• Kidnapping
• Aggravated kidnapping
• Interference with child custody, also known as parental kidnapping

Unlawful Restraint

Unlawful restraint is a lesser charge than kidnapping. Under Texas law, restraint is unlawful when:

• It involves deception, intimidation, or force.
• The victim is under the age of 14, even if they acquiesce.
• The victim is incompetent, and their guardian does not consent.
• The victim is older than 14 but younger than 17 and has been taken out of state or further than 120 miles from home without the consent of their parents or guardians.

Unlawful restraint is usually a Class A misdemeanor in Texas. However, it is a third-degree felony if:

• The victim is under 17.
• You’re accused of recklessly exposing the victim to a substantial risk of serious injury.
• You’re accused of restraining a public servant.

The primary difference between unlawful restraint and kidnapping is intent. If you restrain someone with the intention of preventing anyone from freeing them, you are guilty of kidnapping.

Kidnapping

Kidnapping is the offense of abducting another person. Texas law defines abduction as restraining a person with the intent of preventing anyone from freeing them by:

• Hiding them in a place where no one is likely to find them
• Restraining them with deadly force or the threat of deadly force

If you restrain someone but you don’t hide them or threaten them with deadly force, that isn’t kidnapping. If you hide the victim or threaten to kill them if they try to escape, that is kidnapping. Kidnapping is a third-degree felony in Texas.

Aggravated Kidnapping

The offense of kidnapping is aggravated, or made worse, by several factors. Aggravated kidnapping is the offense of abducting a person with the intent to:

• Hold the victim for ransom
• Use the victim as a hostage
• Facilitate another felony or an escape after committing another felony
• Inflict injury on the victim
• Sexually abuse the victim
• Terrorize the victim or a third person
• Interfere with any government function

Any kidnapping carried out with the use of a deadly weapon is automatically an aggravated kidnapping. Aggravated kidnapping is normally a first-degree felony in Texas, but your attorney might be able to get the charge reduced. If your attorney can prove that you released the victim in a safe place, the charge is a second-degree felony. This defense doesn’t come up until after a conviction, in the punishment phase of the trial.

Parental Kidnapping

Kidnapping is a less serious charge if you are the noncustodial parent of the victim, but it is still a significant criminal charge.

In Texas, parental kidnapping is known as interference with child custody. Interference with child custody is the offense of:

• Taking or retaining your child under age 18 against the terms of a child custody order.
• Taking your child outside the jurisdiction of the court when a divorce or child custody suit is pending. Parents are not allowed to take their child away from the area to deprive the court of its authority.

In Texas, parental kidnapping is a state jail felony.

Legal Consequences of Kidnapping in Texas

The potential legal consequences of kidnapping and related charges in Texas vary depending on the charge.

For a first-degree felony like aggravated kidnapping, penalties include:

• Life in prison, or
• Five to 99 years in prison, and
• A fine of up to $10,000.

For a second-degree felony like aggravated kidnapping when the victim was released in a safe place, penalties include:

• Two to 20 years in prison, and
• A fine of up to $10,000.

For a third-degree felony like kidnapping, penalties include:

• Two to 10 years in prison, and
• A fine of up to $10,000.

For a state jail felony like parental kidnapping, penalties include:

• 180 days to two years in state jail, and
• A fine of up to $10,000.

For a Class A misdemeanor like unlawful restraint, penalties include:

• Up to one year in jail.
• A fine of up to $4000.

False Kidnapping Charges

The best legal defense for kidnapping, in Dallas or anywhere else, is that you are not guilty of the charges. If you’re falsely accused of kidnapping in Dallas, your attorney will:

• Investigate the accusations against you in detail
• Interview witnesses
• Look for inconsistencies in the prosecution’s evidence
• Look for procedural errors that can lead the court to throw some evidence out of court
• Look for evidence that can exonerate you of the charges

The prosecution must prove all charges against you beyond a reasonable doubt. To win an acquittal, your attorney must raise a reasonable doubt about the charges in the minds of the jury. A court won’t convict you of kidnapping unless the prosecution can prove all the elements of that charge. For example, your attorney may deny that you used the threat of deadly force or hid the victim. Without these elements, you aren’t guilty of kidnapping.

If your attorney can weaken the prosecution’s case, the prosecutor may reduce the charges even if you can’t win an acquittal.

Affirmative Defenses for Kidnapping Charges

A defense attorney for false kidnapping charges will do everything possible to prove that you are not guilty. However, if it isn’t possible to prove your innocence, your attorney may attempt one of several affirmative defenses. These are defenses that acknowledge some of the facts the prosecution alleges but can result in reduced charges, lower penalties, or an acquittal.

In Texas, it’s an affirmative defense against unlawful restraint charges if you can show that:

• The person restrained was under 14
• You are a relative of the child
• Your sole intent in restraining the child was to assume lawful control over them

It’s an affirmative defense against kidnapping charges if you can show that:

• You did not intend or threaten to use deadly force
• You are a relative of the person you’ve been charged with abducting
• Your sole intent was to assume lawful control over the person

It’s an affirmative defense against the charge of interference with child custody to show that:

• You returned the child within three days or
• You had a valid court order granting you custody or access to your child or
• You kept your child solely due to circumstances beyond your control, and you promptly notified the other parent or
• You or your child were fleeing family violence.

Contact a Dallas Criminal Defense Attorney Today

It’s frightening to face serious charges like kidnapping. Knowing that you could go to prison for many years is intimidating. However, that’s no reason to give up and let prosecutors do whatever they want to you. A kidnapping or aggravated kidnapping lawyer can help you fight these charges and stand up for your legal rights.

If you’re facing aggravated kidnapping charges, you need a lawyer experienced with first-degree felony defense. My Dallas Criminal Lawyer is a criminal defense firm providing effective defense against serious felony charges in Dallas, Texas. If prosecutors have charged you with kidnapping, aggravated kidnapping, or parental kidnapping, we can help. We will provide the vigorous defense you need to defend yourself against these charges.

If you’re facing kidnapping charges in Dallas, Texas, call My Dallas Criminal Lawyer at 214-764-5535 immediately.