Have you been charged with kidnapping in Phoenix, AZ? Kidnapping or abduction is considered one of the most serious criminal offenses in Arizona. You are facing a felony charge and a prison sentence of 18 months to life; don’t leave your defense to chance.
You deserve an aggressive Phoenix kidnapping attorney prepared to fight for you. Orent Law Offices, PLC has defended Phoenix residents against criminal charges for more than 33 years. Contact our law firm at (480) 656-7301 to schedule a free case review so we can begin working on your legal defense.
If you are facing kidnapping charges, you may feel frightened and hopeless. Abduction is a very serious felony in Arizona, even when it involves a parent taking their child. This charge can carry a prison sentence of up to 10 years or even life in prison. You need an elite Phoenix criminal defense attorney to help you fight the charges.
Orent Law Offices, PLC was founded by Craig Orent, a Certified Criminal Law Specialist. Craig is a Top 100 Trial Lawyer and has over three decades of experience defending clients against serious criminal charges.
When you choose our law firm to represent you in your kidnapping case, you can trust us to:
Don’t face serious felony charges alone; don’t rely on an overworked public defender to protect your freedom. Call Orent Law Offices, PLC today to schedule a free case review with a Phoenix criminal defense lawyer ready to help.
A.R.S §13-1304 defines kidnapping as someone knowingly restraining another person with the intention of:
Kidnapping can be a Class 4, Class 3, or Class 2 felony, depending on the circumstances.
Kidnapping crimes are broken down as follows:
This Arizona statute is designed to protect the victim by making it a lesser offense when the offender releases the victim without injury. An injury to the victim, additional crimes, or refusing to release the victim until arrested all increase the severity of the offense.
Kidnapping can become a federal offense under 18 U.S.C. § 1201 under certain circumstances. You may face federal kidnapping charges if you transport the victim across state lines or use the mail, banking system, or the internet during the commission of the crime. However, this federal statute does not apply to parental kidnapping of a child.
Kidnapping charges can arise from many different scenarios, such as:
Many kidnapping cases involve parties who know each other or are related. One of the most common scenarios involves a non-custodial parent. A parent may intentionally or unintentionally commit kidnapping by taking their child without permission.
This is referred to as parental kidnapping. Sometimes even a custodial parent can face kidnapping charges for refusing to allow the non-custodial parent visitation.
At Orent Law Offices, PLC, we recognize that kidnapping, while a very serious offense, is often committed when someone doesn’t fully realize the consequences of their actions.
Kidnapping charges in Phoenix are always felonies and always carry a potential prison sentence. However, the penalties depend on the circumstances and the class of felony.
You may face the following prison terms for kidnapping:
When someone is convicted of a felony in Arizona, they are usually given a presumptive sentence. This is a predetermined prison term based on the charge. This presumptive sentence can be increased or decreased based on the circumstances.
Kidnapping has the following presumptive sentences:
If there are mitigating factors, such as the defendant’s degree of participation in the crime or mental capacity, the sentence can be reduced. For instance, the mitigated sentence for a Class 4 felony is one year. Aggravating factors can enhance the sentence.
The use of a deadly weapon during the commission of the crime is a common aggravating factor. For a Class 4 felony, an aggravated sentence may be 3.75 years.
There are many possible defenses available in kidnapping cases in Phoenix, including statutory defenses for kidnapping charges related to a child custody dispute. You may have a defense if the victim was a relative, they were not physically injured, and your primary intent was to establish lawful custody.
Parental kidnapping charges may also be reduced to custodial interference, a lesser offense that is generally a Class 1 misdemeanor. Custodial interference refers to disrupting the other parent’s custody rights. Conversely, parental kidnapping refers to taking the child somewhere in violation of a custody order, withholding the child from the custodian, or refusing to return the child.
Two additional common defense options include:
Sometimes a kidnapping charge can be reduced to a lesser offense of unlawful imprisonment. This is a Class 1 misdemeanor offense for knowingly restraining another person.
In addition to these legal defenses, your criminal defense attorney will evaluate whether your constitutional rights were violated or there was police misconduct. If your rights were violated, we can move to suppress tainted evidence. This can weaken the state’s case against you.
Kidnapping is one of the most serious offenses in Arizona. However, it is often the result of a misunderstanding, a dispute that went too far, or failing to recognize one’s actions as a crime. At Orent Law Offices, PLC, we are committed to giving you the tireless legal representation you deserve.
Contact our law office today for a free consultation with a Phoenix kidnapping attorney. We will protect your constitutional rights and help you build the strongest defense possible.
