Kidnapping is a felony under state law punishable by up to 30 years in prison. In some circumstances, a case may lead to federal charges and even steeper penalties. If you are charged with this crime, a Greenville kidnapping lawyer understands the importance of advocating for your side of the story.
Defense attorney Christopher L. Jones could help preserve your constitutional rights to a fair process during the arrest and trial phase. He could also employ every suitable defense to try and mitigate the severity of the penalties you may face.
What Is Kidnapping?
Kidnapping, often called abduction, entails seizing and transporting another person without their consent or legal authority. These charges can include moving and confining someone in a location where they are not permitted to leave. Preventing someone from leaving a house when they attempt to leave can also be considered kidnapping. Someone may also be accused of inveigling, which involves falsely representing a fact or situation to lure someone away.
Those accused of kidnapping should seek immediate assistance from a Greenville defense attorney familiar with this area of the law.
State vs. Federal Kidnapping Charges
State law applies to kidnapping allegations within the state’s borders. Under 18 U.S.C. 1201, kidnapping becomes a federal offense when:
- The accused crosses state lines
- The kidnapped person is transported by way of interstate or foreign commerce
- The act is committed on the high seas, on an airplane, or in special maritime or territorial jurisdictions
- The act targets a foreign official or official guest of the government
- The perpetrator fails to release the kidnapped person within 24 hours of the act, and a presumption arises that the person was transported through interstate commerce
State and federal kidnapping cases involve state law enforcement, but government agencies such as the Federal Bureau of Investigation (FBI) generally become involved in federal cases.
Potential Penalties
Convictions for kidnapping under state law can lead to up to 30 years in prison. Penalties for federal charges can range up to life in prison. Allegations that someone attempted to kidnap another person can land the accused in federal prison for up to 20 years. If a minor child is involved, the accused may face penalties of 20 years to life in federal prison. To try to reduce or avoid these penalties, consult a knowledgeable Greenville kidnapping attorney who could build the strongest possible defense strategy.
A Greenville Kidnapping Attorney Fight For Your Rights
From the time you are arrested, there are procedures in place to protect your constitutional rights. Police officers must respect your Fourth Amendment rights, the prosecutor must share evidence with your defense counsel, and the judge must issue proper jury instructions.
A Greenville kidnapping lawyer could ensure law enforcement and courts follow these procedures and advocate for a favorable outcome on your behalf. Christopher L. Jones is a skilled litigator who understands how to present a compelling case before a jury. Call today to discuss your situation and start building your defense.
