What Are The Elements Of Kidnapping?
Kidnapping can be charged for taking someone against his or her will by force, violence or the threat of violence. Kidnapping can also result from confining or restraining someone against his or her will.
No matter the manner in which the offense was committed, prosecutors at both the state and federal level treat the offense of kidnapping seriously. Before saying anything, call an attorney.
At Randall & Stump, PLLC, we can help you understand your rights, the charges you face and potential defense strategies that may be available. Our criminal law attorneys have extensive experience handling crimes of violence such as kidnapping in both state and federal courts throughout North Carolina.
You can’t afford to wait to see what the prosecutor will do next. You need immediate criminal defense representation. For a free consultation, call (980) 237-4579 , or send a message through our online form.
Held Against Their Will
There are six specific purposes for which confinement, restraint or removal must be done to support kidnapping charges:
- Holding the person for ransom, as a hostage or as a shield
- Using the person to facilitate a felony or facilitating flight following the commission of a felony
- Doing serious bodily harm to or terrorizing the person
- Holding the person in involuntary servitude
- Trafficking the person with the intent that he or she be held in involuntary or sexual servitude
- Subjecting or maintaining the person for sexual servitude
Two different levels exist for charging and punishment purposes. A charge of first-degree kidnapping is possible when the person was either not released in a safe place or injured or sexually assaulted during the alleged kidnapping. First-degree kidnapping is considered a Class C felony. For second-degree kidnapping, the person had to have been released in a safe place and was not seriously injured or sexually assaulted during the alleged kidnapping. Second-degree kidnapping is considered to be a Class E felony.
Whether you are under a pre-charge investigation or have already been charged with kidnapping, it is essential that you hire an attorney with the skill and expertise to appropriately defend your case.