What Are Criminal Defenses for Kidnapping?
September 18, 2024
A kidnapping charge is a grave offense that is punished harshly under Pennsylvania law. It is a first-degree felony; you could receive 20 years in jail if convicted. Like any criminal charges, there are defenses that you can use in court. If you have been charged with a kidnapping offense, you should immediately seek the help of an experienced criminal defense lawyer who can help you determine the best possible path forward.
You Lacked the Intent
The first defense is that you did not have the intent necessary to commit a crime. Remember that kidnapping requires the removal and furtherance of a number of other illegal purposes. Even if you removed another person, the reason why may not have been one on the list provided above. Without the necessary intent, you cannot be convicted.
You Did Not Think You Were Kidnapping
You may have had a reason to be holding the other person. For example, you may have been entrusted with their custody. Thus, taking them would not be illegal because you were allowed to do so in the first place. You may also have had reason to believe that you were allowed to remove the other person. For example, you may be involved in a custody battle. While you do not have an unlimited right to take your child, you may have believed that you were allowed to buy the terms of the court order. Alternatively, the person whom you are alleged to have kidnapped could have agreed to go with you, and the removal may not have been unlawful.
There Were False Claims Against You
Your charges could have been the result of false claims made against you. In some cases, another person may have an interest in accusing you of kidnapping. Again, you can refer back to the example of a custody case. The other child’s parent may be accusing you of kidnapping, either because they believe that you did not have the right to take the child or they wanted to gain an advantage in the custody case.
Your Legal Rights Were Not Violated
Even if you may have committed actions that could be considered kidnapping, law enforcement must still respect your legal rights. They cannot unlawfully interrogate you and must read you your Miranda rights. They also cannot conduct an illegal search or seizure or do anything unconstitutional. The remedy for violating your legal rights is sometimes the dismissal of the charges.
The Charges Are Not Backed by Evidence
Finally, the prosecutor may not have the evidence that backs up the charges they have filed against you. They must prove every element of the alleged crime or they will not have enough to win a conviction. Your attorney has the right to put on your case that can present an alibi or tell your side of the story. If you and your witnesses are credible, the jury may not convict.
Contact the West Chester Criminal Defense Lawyers at the Law Offices of Heather J. Mattes Today
If you have been charged with a crime, a West Chester criminal defense lawyer at the Law Offices of Heather J. Mattes can work to protect your legal rights. Call us at 610-431-7900 or submit our online form to schedule a free initial consultation. Our West Chester, Pennsylvania, office serves clients in Chester County, Bucks County, Delaware County, Lehigh County, Montgomery County, and Philadelphia County.
