Kidnapping, in addition to being a crime typically committed against women and children is considered a violent crime in Florida. This criminal allegation is codified in Florida Statute 787.01 and varies in severity of penalty depending on age of the victim and any other crime committed upon such victim. The very mention of the word “kidnap” strikes fear into the hearts of all and gives rise to the most fiercely and thoroughly prosecuted allegation one can imagine. Though the police and State Attorney’s Office take every criminal allegation seriously, when the victim is a child the situation is ramped up quickly. If you’re accused of this act you cannot afford to hire a cut rate attorney. When your liberty is at stake our lawyers are here to fight. Each Tampa criminal attorney in our office has the experience necessary to ensure your rights are preserved and that justice is had.What is Kidnapping?
Per statute, kidnapping means forcibly, secretly, or by threat confining, abducting, or imprisoning another against their will and without lawful authority. In addition the State Attorney must prove that an individual had an intent to either hold the victim for ransom or reward or as a shield or hostage, commit or facilitate commission of any felony, inflict bodily harm upon the victim or to terrorize the victim or any other person, or lastly to interfere with the performance of any governmental or political function.
This crime will also be charged if there is confinement of a child under 13 against his or her will and if it is without the permission of the child’s guardian or parent. If in the course of committing the offense the person commits one or more of the following:
- Aggravated Child Abuse,
- Sexual Battery
- Lewd or Lascivious Battery or Molestation or Conduct or Exhibition,
- Prostitutes the Child, or
- Exploits the Child
that person commits a life felony punishably by life imprisonment. In fact, regardless of the circumstances, this is considered to be such a serious allegation that anyone convicted can face life imprisonment.How can We Help?
For this allegation to hold water and take it above a false imprisonment allegation, the State must prove that you intended at the time to perform an additional illegal act. As is often the case, kidnapping is “overcharged” when, if anything, the only logical charge that would warrant a conviction is the less serious charge of false imprisonment. Our attorneys are adept and experienced at making the showing that the proof of this additional “element” isn’t present.
This charge is an extremely serious allegation. Not only are you charged with a felony, you are quite possibly facing a life sentence. If ever there were a time to hire the attorney you feel completely comfortable and confident with, it is now. Each criminal lawyer in our office has the know how to help earn you the best result possible for your case. Our attorneys take our cases seriously and understand that trials are won in a courtroom and not on a television. If you’ve been charged or are being investigated, contact our Tampa criminal attorneys today at 813-444-7435.