Miami, Florida Kidnapping Attorney

Lawyer Helping Defend Against Kidnapping Charges in Miami

Charges of kidnapping are taken very seriously by law enforcement officials in Florida. These offenses carry severe penalties, including lengthy prison sentences, and accusations can devastate lives and destroy reputations. While the term kidnapping may make people think of strangers who abduct children, the reality is that many kidnapping charges arise from domestic disputes, custody conflicts, or situations where a person had a pre-existing relationship with the alleged victim. People who are accused of kidnapping may face felony charges for actions they believed were lawful or because of misunderstandings about their rights regarding children or other family members.

Stroleny Law: Criminal Defense Attorney provides legal help for people who are facing kidnapping charges or other related offenses, including violent crimes or accusations of domestic violence. Our lawyer understands the nuances that separate criminal conduct from lawful behavior in cases involving child custody or family relationships. He can conduct a thorough investigation into the circumstances of an accusation, challenge the prosecution's narrative, and present defenses to help protect a person's rights and freedom.

How Florida Law Addresses Kidnapping Offenses

Florida Statutes § 787.01 addresses kidnapping, which may involve abducting or holding a person against their will and without the legal authority to do so. Kidnapping may involve the use of force or threats or holding a person in secrecy, including when a person is attempting to receive ransom or another reward, use a person as a hostage, harm or terrorize the victim or someone else, or commit or facilitate a felony.

The elements of kidnapping require prosecutors to prove several facts beyond a reasonable doubt. They will need to show that the defendant confined or abducted a person. Confinement generally involves restricting a person's movements or liberty, while abduction involves taking someone from one place to another. Prosecutors must show that this action was done forcibly, secretly, or using threats. They must prove that the victim did not consent to the confinement or movement. They must demonstrate that the defendant was not legally authorized move or confine the victim.

The element of intent is crucial in kidnapping cases. The prosecution must prove not only that the defendant confined or moved the victim, but also that they did so with a particular purpose, such as holding the person for ransom, inflicting harm, terrorizing the victim, or committing another crime.

False imprisonment, which is addressed in Florida Statutes § 787.02, is a related offense that may involve confining, abducting, or restraining a person against their will and without legal authority. Like kidnapping, it must involve force, threats, or secrecy. However, the key distinction between kidnapping and false imprisonment is that false imprisonment does not involve the additional specific intents required for kidnapping.

Penalties for Kidnapping or False Imprisonment

Kidnapping is classified as a first-degree felony in Florida. A person who is convicted may face the possibility of life imprisonment, and they could be fined a maximum of $10,000. When kidnapping involves a child under the age of 13 and the defendant has allegedly committed aggravated child abuse, sexual battery, child exploitation, or human trafficking, the offense may be charged as a life felony. A person may face a potential sentence of life imprisonment without the possibility of parole and fines of up to $15,000.

False imprisonment charges are usually less serious than kidnapping charges. In most cases, false imprisonment is a third-degree felony that could lead to a sentence of up to five years of imprisonment and a maximum fine of $5,000. However, if a person is accused of false imprisonment of a child under the age of 13 along with offenses involving sexual battery, aggravated child abuse, human trafficking, or child exploitation, they could be charged with a first-degree felony with a maximum sentence of life in prison.

Kidnapping Charges in Child Custody Disputes

Interference with child custody is one of the most common reasons for kidnapping charges. When parents or guardians become involved in disputes over custody, actions that one party believes are within their parental rights could lead to arrests for kidnapping. A parent who takes their child during a period when the other parent has custody under a court order, a parent who refuses to return their child after the end of their scheduled parenting time, or a parent who moves out of state with a child in violation of a custody agreement may face kidnapping or custodial interference charges.

Florida Statutes § 787.03 specifically addresses interference with custody. A person who takes, conceals, or withholds a child when the child should be in the custody of their parent or guardian could be charged with this offense. These charges may also apply to a person who aids someone in concealing or withholding a child without lawful authority. Interference with custody can result in third-degree felony charges.

Charges of international parental kidnapping may arise if a parent is accused of taking their child to another country in violation of custody orders or without the consent of the other parent. These cases are governed by both state and federal law. Parents who remove children from the United States or keep them abroad in violation of custody orders may face both criminal prosecution and civil proceedings seeking the return of the children.

Situations where no formal custody order exists can sometimes lead to confusion. When parents have never been married, or when they separate before obtaining custody orders, both parents may believe they have the right to make decisions about where the child will live or when they can stay with a parent. Disputes about whether a child can be moved to another city or state or who has the right to keep the child on certain days and times can escalate to criminal charges when one parent accuses the other of unlawfully taking or withholding the child.

The statute addressing interference with custody addresses situations where there is no court order defining parents' custody rights. If a parent, stepparent, legal guardian, or other relative of a child takes, detains, or withholds the child with a malicious intent to deprive a parent or guardian of their right to custody of the child, they could face third-degree felony charges.

Other Situations That Could Lead to Kidnapping Charges

In addition to custody disputes, kidnapping charges may arise in a variety of other cases. In situations involving allegations of domestic violence, a person may be accused of confining or restraining a family member against their will. When arguments escalate, and one person blocks doorways, physically restrains their partner from leaving, or locks them in a room, the other partner may report the incident as kidnapping. These cases may involve disputes about whether confinement actually occurred, whether it was against the alleged victim's will, and whether the defendant intended to commit a kidnapping offense.

Robbery and home invasion cases may lead to kidnapping charges when victims are held or moved during the commission of these crimes. Robbers who are accused of forcing victims to remain in particular locations, burglars who allegedly encounter homeowners and restrain them, or people who allegedly force victims to drive to ATMs or other locations to obtain money may face kidnapping charges in addition to other crimes.

Human trafficking cases may sometimes lead to prosecution for kidnapping when victims have allegedly been confined, transported, or held against their will. Workplace disputes can sometimes involve kidnapping accusations if supervisors or coworkers allegedly prevent others from leaving during confrontations. While security personnel at a store are allowed to detain people suspected of shoplifting, holding a person for an unreasonable amount of time may be considered kidnapping.

Mental health crises can sometimes lead to kidnapping charges when family members or others attempt to force people into treatment against their will. Well-intentioned efforts to help someone who is experiencing mental illness or substance abuse problems can lead to criminal charges if the person being assisted claims that they were subjected to unlawful confinement.

Defending Against Kidnapping Accusations

Our lawyer can help people accused of kidnapping determine the best ways to respond to these charges. Establishing consent can be a strong defense when evidence shows that the alleged victim agreed to the confinement or movement. In cases involving adults, proof that the person voluntarily accompanied the defendant or agreed to remain in a particular location can be used to defend against kidnapping charges. Text messages, testimony from witnesses, and the statements by the alleged victim may demonstrate consent.

Parents may take steps to assert their parental rights when defending against custody-related kidnapping charges. They may provide evidence showing that they had lawful authority over a child. If there was no court order granting custody rights to the other parent, or if circumstances justified emergency action to protect a child from harm, this can serve as a strong defense against kidnapping charges. Our attorney can review custody orders and present evidence demonstrating that our client acted within their legal rights.

Our lawyer can also demonstrate a lack of intent to commit the specific purposes required for kidnapping charges. If the defendant confined or moved someone but did not do so with the intent to commit a felony, inflict harm, or terrorize the victim, their conduct may constitute false imprisonment rather than kidnapping, or a case may be resolved through a dismissal or acquittal. Evidence of the defendant's motivations can demonstrate the absence of criminal intent.

It may also be possible to challenge claims that confinement or abduction occurred. If the alleged victim was free to leave, if their movements were not restricted, or if the duration and nature of any confinement did not rise to the level of kidnapping, the charges may be dismissed. Our attorney can present testimony and evidence contradicting a person's claims of confinement.

Contact Our Miami, FL Kidnapping Defense Lawyer

Kidnapping charges can threaten your freedom and your future. These accusations may lead to lengthy prison sentences and other consequences. You need a lawyer who understands the laws that apply in your situation and who will fight to protect your rights. At Stroleny Law: Criminal Defense Attorney, we can challenge accusations of kidnapping or false imprisonment while working to achieve a favorable outcome to your case. Contact our Miami kidnapping and false imprisonment attorney at 305-615-1285 and arrange a free consultation today.