Kidnapping Defense Attorney Oakland County
A kidnapping charge is a very serious legal matter. It is also very complex. In fact, a kidnapping charge in the state of Michigan can involve a number of different scenarios. Each one carries with it extremely stiff penalties. There is also a chance an individual could be charged with kidnapping without having intended on committing the crime. In these cases, a person needs someone on their side to protect their rights.
If you have been charged with kidnapping in Oakland County, then it is important you hire a criminal defense attorney who has experience with these types of cases. You need someone who understands state and local laws and can also investigate your case to determine the best course of action. At Dallo Law, P.C., we can provide tough defense against a number of different kidnapping charges.
What Constitutes Kidnapping in Michigan?
The general definition of kidnapping is the seizing or restraining of another person by force with the intention of traveling with that person to another destination. In the state of Michigan, the definition of kidnapping goes a little further. A person is guilty of kidnapping if they intend to:
- Hold the kidnapped individual for ransom or for a reward
- Engage in forced sexual contact with the victim
- Use the kidnapped individual as a hostage or shield
- Commit sexual abuse of a minor
- Hold the kidnapped individual in involuntary servitude
- Travel with the individual out of the state
When pertaining to kidnapping, the Michigan Penal Code also defines the word “restrain” as restricting an individual’s movement or confining them without their consent. This act does not have to occur for any specific length of time for a person to be charged with kidnapping.
When a Child Is Involved in a Kidnapping
When the victim of a kidnapping is under the age of 14, the perpetrator faces serious felony charges. In fact, they may be sentenced to life in prison if convicted. This type of crime occurs when a person either forcibly or maliciously entices a child with the intention of keeping them from their parents or legal guardian. Often, the perpetrator is a person wanting to obtain a ransom from the parents.
Either parent of a child under the age of 14 may also be found guilty of kidnapping. This happens when a parent retrains their child for over 24 hours in order to keep the child from the parent who has sole custody. This scenario often occurs after a heated divorce or in a situation where the parents are engaged in a custody battle. This is a felony charge that is punishable by up to one year in prison and a $2,000 fine. Regardless of the type of kidnapping you have been charged with, it is important to hire a criminal law attorney as soon as possible.
How a Criminal Defense Attorney Can Help
Kidnapping has the potential to trigger strong emotional reactions from people in the community where it took place. This usually happens because kidnappings attract more media attention than other crimes. For the accused, this can hurt their case. Public outcry can result in the guilty party getting an unfair trial. This is where an experienced criminal defense attorney is invaluable. They will work to ensure their clients’ rights are not being violated and that they receive a fair trial, which everyone is legally entitled to.
A criminal attorney also understands the complex nature of a kidnapping charge and will be able to craft a strong defense strategy. If you have been arrested for kidnapping, Dallo Law, P.C. will take the following steps when defending you against the charges:
- We will closely examine the details of the kidnapping and your arrest to determine if you did, in fact, commit the crime.
- It is important that only admissible evidence is used in court. We will ensure this happens.
- The law states that the victim of kidnapping must be taken against their will. We will make sure the alleged victim did not consent to be taken.
- If you were falsely accused of kidnapping your child, we can form a defense strategy that shows the charges were a mistake.
Contact a Michigan Kidnapping Defense Attorney
If you have been accused of kidnapping, you need high-quality criminal defense representation to avoid jail time or a serious fine. At Dallo Law, P.C., we believe everyone is innocent until proven guilty. It’s our goal to protect the rights of citizens of Oakland County and the surrounding areas. Contact us at (248) 283-7000 to discuss your case.