Our legal systems protects the right of people to move about freely and to be secure in their person. Kidnapping, therefore, is a serious felony that is charged when a person is accused of knowingly restraining a person for the purpose of harming them or another in some manner. How Arizona prosecutors choose to charge the case, and what the potential penalties are, will depend on several specifics. If you are a Phoenix resident charged with kidnapping then it is crucial that you contact an attorney immediately. Call today to schedule a consultation with our criminal defense lawyer.
Providing an aggressive defense for Arizona residents accused of felony kidnapping and unlawful imprisonment
Arizona requires the prosecution to prove three elements in order to win a kidnapping conviction. First, it must be established that the defendant knowingly restrained the victim. Second, the victim must have, in fact, been restrained against their will. Finally, the restraint must have been committed with the intention of:
- Holding the victim ransom
- Using the victim as a human shield
- Inflicting death, physical injury, or sexual assault
- Causing the victim or a third party to fear for the victim’s imminent physical injury
- Interfering with the performance of a government or political function
- Seizing control over a public or private plane, bus, boat, train, or automobile
Details such as the age of the victim, and whether or not they were voluntarily released unharmed will be important in determining if the charge is a Class Four felony or a Class Two felony. Also, if the person was held against their will but not for any of the reasons listed above, a charge of unlawful imprisonment is possible. This Class Six felony is equally serious. As with other felony charges, the prosecution can choose to begin the case through either a Criminal Complaint or by seeking an Indictment. These are serious charges and it is crucial that you have an attorney who will aggressively protect your rights.
Bretton Barber is an aggressive Phoenix area defense lawyer who recognizes the serious nature of a kidnapping charge. Kidnapping cases often hinge on an eyewitness identification and such identifications are notorious for being unreliable. Bretton will immediately examine the procedures by which an ID was made and, if feasible, will file a Motion to prevent the accused from being identified in open court. He will also take the necessary steps to challenge the admission of statements and other physical evidence. He will ensure that you are prepared for trial and you know what to expect each step of the way. This is a serious time in your life and you need a serious attorney. Call our Phoenix office today. We also represent defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson.
Phoenix lawyer defending Maricopa County parents in custodial interference cases
Most kidnapping cases are not as sensational as a stranger taking a child off of the street or stealing them from their home. Many “kidnappings” actually involve a domestic disagreement in which one parent takes the child even though they do not have custody. In Arizona, a parent may be charged with custodial interference if they took the child with the intention of gaining custody. This might occur if a Phoenix parent believed that the child was in danger and did not think they could wait to go through the appropriate Family Court channels. However, if the parent refuses to release the child then the charge becomes a felony. If you are a parent and have kidnapped your child then it is important to contact a criminal defense attorney immediately. Failing to return the child will result in a greater sentence, and a permanent loss of custody.