Orlando Kidnapping Lawyer

Kidnapping is a very serious criminal offense in the state of Florida, which could leave those convicted facing substantial time behind bars. At Adams, Luka, & Benton, we understand that there are circumstances in which someone may be falsely accused, or a legitimate reason exists for the defendant's actions. As skilled Orlando kidnapping attorneys, our top priority is protecting your legal rights and freedom. If you have been arrested, charged, or are under investigation, it is critical to seek the legal guidance and support of a qualified defense lawyer.

Situations in which someone may be charged with kidnapping range from fairly minor to serious. For example, an individual may hold a child away from a parent or guardian against the child's will. In a more serious situation, someone may be held deliberately as a hostage against his or her will, or for ransom. No matter how serious the situation is, your first step should be to contact an attorney for legal help. Depending on the circumstances, kidnapping may be prosecuted at a state or federal level. Generally speaking, a federal conviction will result in harsher criminal penalties.

In Florida, the crime of kidnapping is a first degree felony. The penalties an individual may face if found guilty depend on several factors, including the age of the victim and whether another criminal offense was committed in conjunction with the kidnapping, such as sexual misconduct or battery.

Defenses to Kidnapping Charges in Florida

Accusations of kidnapping draw a particularly high amount of attention from the media, and an emotional charge from the public in general when a child is involved. A solid, effective defense is paramount, particularly under these difficult circumstances. Kidnapping is considered a violent crime, and defined by Florida code 787.01 as imprisoning or abducting another individual against his or her will and without lawful authority in a way that is secret, forcible, or threatening with the intent to:

• Hold the individual as a hostage or shield, or for ransom/reward
• Commit a felony, or facilitate commission of a felony
• Terrorize or inflict bodily harm upon the kidnapped individual or another person

Defending successfully against kidnapping charges requires an experienced and skilled Orlando kidnapping defense lawyer. There are several defenses to this violent offense that often prove to be effective, depending on the facts of the case. These include:

• Ignorance or mistake. There are situations in which an individual may believe that he/she was acting under the authority of law
• Compulsion or duress. In some situations, it may be that another person threatened or coerced the defendant to engage in unlawful conduct such as kidnapping, even threatening serious bodily injury or death
• Consent of victim. If the alleged victim consented or gave permission to go with the accused or went freely of his/her own accord and was sufficiently mature in his/her understanding to make the choice, the defendant cannot be found guilty of kidnapping.
• Good faith belief in consent. Prosecutors must prove that the defendant did not actually or reasonably believe that the alleged victim gave his or her consent to the movement. If this cannot be proven, the defendant may not be found guilty.

These are just a few examples of the possible defenses to kidnapping. At Adams, Luka, & Benton, we will thoroughly review your case in order to develop the strongest possible defense on your behalf.

Criminal Penalties for Kidnapping in Orlando & Central Florida

The penalties for a kidnapping conviction are serious, although the punishment given an individual vary greatly based on the severity of the crime committed. The maximum punishment for kidnapping is a life prison term, fines of up to $10,000, or both. The minimum sentence required to be imposed by the judge is 48 months, or four years. An individual may also be placed on probation for life.

Contact Adams, Luka, & Benton Now

Kidnapping is an extremely serious criminal offense, as evidenced by the information above. If you or someone you love has been charged with kidnapping or is under investigation, it is vital that you take action now. The Orlando criminal defense attorneys at Adams, Luka, & Benton are committed to obtaining the best possible results. We urge you to call for a free consultation today at (407) 872-0307 or (352) 787-2101 so that work can begin to protect your freedom and future.

---