How Should I Respond to False Allegations of Kidnapping in Texas?

 Posted on December 05, 2019 in Criminal Defense

Being charged with a criminal offense related to kidnapping, child abducting, unlawful restraint, or smuggling of persons should never be taken lightly. The criminal penalties for these crimes vary depending on the circumstances, but some can result in a lifetime of incarceration. False allegations about holding a child against his or her will can stem from a malicious ex-spouse or other individual, or they may simply be the result of a misunderstanding. If you have been falsely accused of kidnapping or abduction, you need to speak with a criminal defense attorney immediately to learn how best to defend against these serious accusations.

Texas Laws Regarding Kidnapping and Aggravated Kidnapping

Texas statutes state that an individual commits the crime of kidnapping if he or she knowingly abducts another individual. “Abduct” is defined as restraining another person with the intent to prevent his or her freedom by either holding him or her somewhere that he or she cannot be found or through the threat or use of deadly force.

Kidnapping convictions can range in severity from a Class A misdemeanor to a first-degree felony. If the person who was allegedly kidnapped was a minor, the offense is a state jail felony at a minimum. If the victim is a child, and he or she is exposed to the risk of serious injury during the commission of the alleged crime, kidnapping is a third-degree felony punishable by up to a decade in prison. Aggravated kidnapping is a separate offense that occurs when an individual abducts another person with the intent to:

• Hold the person for ransom

• Use the person as a hostage or shield

• Facilitate the commission of a felony

• Inflict bodily injury or sexual abuse

• Terrorize the person or a third person, such as a child’s parent

• Interfere with government or political functions

A person can also be charged with aggravated kidnapping if he or she knowingly abducts someone and exhibits or uses a deadly weapon. If you are convicted of aggravated kidnapping, you could face life in prison.

Do Not Allow Police to Interrogate You Without a Lawyer Present

Being charged with kidnapping or aggravated kidnapping has the potential to devastate your life. If you or a loved one are facing charges related to kidnapping, abduction, or unlawful restraint, contact a qualified attorney as soon as possible. Do not respond to police questioning until your lawyer is present. An experienced Texas criminal defense lawyer can ensure that your rights are protected and that you are not tricked into saying something incriminating.

Contact a Plano, Texas Criminal Defense Attorney

Being wrongly accused of a criminal offense can be overwhelming, and it can impact many areas of your life. The consequences of a kidnapping charge may include a lengthy prison term. That is why you need the help of a skilled legal team to build a strong defense on your behalf. Attorney Darlina Crowder has secured more than 300 acquittals and not guilty verdicts for clients accused of criminal acts. To discuss your case with a Collin County kidnapping defense lawyer from The Crowder Law Firm P.C., call our office at 214-544-0061. Schedule your free, completely confidential consultation today.

Source:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm