Charlotte Kidnapping Lawyer

Kidnapping is a serious felony crime in North Carolina. A conviction of kidnapping can mean that you will be placed behind bars in a North Carolina correctional facility. Kidnapping is frequently portrayed in movies and television. However, the actual crime of kidnapping is vastly misunderstood. If you or your loved one is facing kidnapping charges, it is essential to contact a skilled Charlotte felony defense attorney as soon as possible.

At Arnold & Smith, PLLC, we have the experience necessary to provide excellent defense for your kidnapping charges. Our lawyers have extensive trial experience and we are ready to fight for your rights as a defendant. Under North Carolina laws, kidnapping charges are felony charges that can result in a year or more of jail time. Contact our Charlotte law firm today to schedule your free criminal defense case evaluation to learn how we can help you.

The key aspect of the crime of kidnapping involves holding someone against his or her will. Kidnapping does not always involve blindfolding someone, putting that person in a van, and driving across state lines. Instead, kidnapping could mean restraining confining someone in your house for an hour and not letting him or her escape.

Several different factors go into determining the level of kidnapping charges. Depending on the manner in which the defendant committed the kidnapping, prosecutors at both the North Carolina and the federal level treat kidnapping charges extremely seriously. If you have been arrested for kidnapping, we recommend not speaking to law enforcement officers until you have spoken to an experienced criminal defense attorney.

North Carolina recognizes two degrees of kidnapping. First-degree kidnapping is a Class C felony that receives a sentence between 44 and 182 months, depending on the defendant's prior convictions. Under North Carolina law, kidnapping happens when:

• The defendant unlawfully confines, restrains or removes any person 16 years of age or older without consent
• The defendant unlawfully confines, restrains or removes any person under the age of 16 years without the consent of the parent or legal custodian

Additionally, the confinement, restraint, or removal of the victim must be for the purpose of:

• Holding the victim for ransom or as a hostage
• Using the victim has a human shield
• Assisting in the commission of a felony or fleeing from committing a felony
• Inflicting serious bodily harm to the victim
• Terrorizing a person
• Enslaving a person
• Subjecting a person to sex trafficking

The key difference between first degree kidnapping and second-degree kidnapping is whether or not the defendant releases the victim to a safe place without having sexually assaulted or injured the victim. A defendant will be guilty of second-degree kidnapping when he or she kidnaps a person and releases the victim in a safe place.

Additionally, in second-degree kidnapping, the defendant must not have seriously injured or sexually assaulted the victim. Second-degree kidnapping is punishable as a Class E felony. Class E felonies involve punishments from 15 to 63 months in prison and possible fines. When a corporation or firm engages in kidnapping, they will receive a fine between $5,000 and $100,000 and their right to do business in North Carolina will become forfeited.

A lesser-known type of kidnapping is called parental kidnapping. In a parental kidnapping, a parent or guardian of a minor violates their custody or visitation rights. Most of the time, this happens when one parent takes their child away from the other parent, and in doing so, violate a legal custody agreement. The parent without physical or sole custody usually attempts to kidnap the child or keep the child from the parent who does have physical custody. The parent who is breaching the agreement faces a fine and up to three years imprisonment.

Kidnapping is an incredibly serious crime in North Carolina. A successful conviction can result in years of imprisonment in a North Carolina correctional facility. If you or a loved one are facing kidnapping charges, contact one of our experienced lawyers as soon as possible. We offer all of our potential criminal defense clients a free case evaluation. After reviewing the facts of your case, we can advise you as to the best legal strategy for your case. Contact us as soon as possible to schedule your initial consultation.