I have extensive experience in defending kidnapping cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each kidnapping case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced kidnapping attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid a conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully detained and arrested?
- Were you just a minor participant in this incident?
- Were there any witnesses to this incident? Is there any video evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
WHAT IS kidnapping
Kidnapping is a serious charge. Under Florida law 787.01, the term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
HOW IS kidnapping proven IN FLORIDA?
To prove the crime of kidnapping, the State must prove the following three elements beyond a reasonable doubt.
1. Defendant forcibly, secretly, by threat, confined, abducted, or imprisoned victim against his or her will.
2. Defendant had no lawful authority to do so.
3. Defendant acted with intent to:
- hold victim for ransom or reward or as a shield or hostage.
- commit or facilitate the commission of applicable felony.
- inflict bodily harm upon or to terrorize victim or another person.
- interfere with the performance of any governmental or political function.
- Full Florida standard jury instructions
Penalties for kidnapping
Kidnapping is classified as a first degree felony that is punishable by up to thirty years in prison and up to a $10,000 fine. Other penalties include:
- County Jail
- Permanent Criminal Control
- Community Control, House Arrest or Supervised Probation
- Anger Management Course
DEFENSES FOR kidnapping
There are many defenses available to contest the charge of kidnapping. Some of the more common defenses include the following:
- Ignorance or Mistake
- Double Jeopardy
- Insanity
- Compulsion or Duress
- Consent of Victim
I DEFEND ALL kidnapping CASES
If you were recently arrested or charged with any Florida kidnapping offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I have extensive experience in defending kidnapping cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each kidnapping case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced kidnapping attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid a conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully detained and arrested?
- Were you just a minor participant in this incident?
- Were there any witnesses to this incident? Is there any video evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
WHAT IS kidnapping
Kidnapping is a serious charge. Under Florida law 787.01, the term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
HOW IS kidnapping proven IN FLORIDA?
To prove the crime of kidnapping, the State must prove the following three elements beyond a reasonable doubt.
1. Defendant forcibly, secretly, by threat, confined, abducted, or imprisoned victim against his or her will.
2. Defendant had no lawful authority to do so.
3. Defendant acted with intent to:
- hold victim for ransom or reward or as a shield or hostage.
- commit or facilitate the commission of applicable felony.
- inflict bodily harm upon or to terrorize victim or another person.
- interfere with the performance of any governmental or political function.
- Full Florida standard jury instructions
Penalties for kidnapping
Kidnapping is classified as a first degree felony that is punishable by up to thirty years in prison and up to a $10,000 fine. Other penalties include:
- County Jail
- Permanent Criminal Control
- Community Control, House Arrest or Supervised Probation
- Anger Management Course
DEFENSES FOR kidnapping
There are many defenses available to contest the charge of kidnapping. Some of the more common defenses include the following:
- Ignorance or Mistake
- Double Jeopardy
- Insanity
- Compulsion or Duress
- Consent of Victim
I DEFEND ALL kidnapping CASES
If you were recently arrested or charged with any Florida kidnapping offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
