Aggressive Defense Against Kidnapping Charges In St. Louis
Kidnapping is an extremely serious criminal offense case that can result in federal or state charges. Even briefly holding or transporting someone against their will can result in significant criminal liability. In addition, taking, removing, concealing, detaining or enticing a child away from a person or party with custody rights to that child can result in a serious kidnapping case.
While the term “kidnap” usually conjures up mental images straight out of a movie, kidnapping charges most commonly arise from things like:
- A custody dispute
- A drug debt
- A fight between a boyfriend and a girlfriend or between spouses
If you have been accused of kidnapping, you are likely facing extremely serious consequences, including substantial fines and jail time. At Rogers Sevastianos & Bante LLP, we will uphold your rights and explore every possible avenue to reduce or eliminate the charges against you. To schedule a consultation with one of our St. Louis kidnapping defense attorneys, contact us online or call us today at 314-884-8991.
What Defenses Are Available In A Kidnapping Case?
It is important to remember that if you have been accused of kidnapping, that does not mean that you are guilty. The prosecution must still prove every element of the crime beyond a reasonable doubt, and there are often legal defenses available in kidnapping cases. Some defenses that are commonly raised include the following:
- Consent – If you can show that the alleged victim had consented to be transported or held in a place, it will usually result in your case being dropped or an acquittal, should your case go to trial.
- Legal custody of the victim – In cases involving alleged parental kidnapping, you need to establish one or more of the following:
- You had legal custody of the child at the time of the alleged offense
- You were unable to return the child because of circumstances beyond your control and made a reasonable attempt to notify the other parent or party with custody within 24 hours
- You were fleeing domestic violence, which will operate as absolute defense to the accusations
- Lack of intent – The offense of kidnapping requires that the alleged kidnapper intend to commit the crime. In some cases, it may be possible to introduce facts that indicate that you did not intend to kidnap the alleged victim, therefore, avoiding a conviction.
Even if there are no defenses available in your case and the prosecution’s case is strong, the representation of one of our lawyers can often help mitigate the consequences you are facing by negotiating a plea bargain with the prosecutor handling your case.
Call Rogers Sevastianos & Bante LLP Today To Discuss Your Case
If you have been accused of kidnapping in the St. Louis area, it is in your best interest to contact an attorney as soon as you can. Our attorneys are seasoned litigators who have a well-deserved reputation as aggressive defense lawyers who fight tirelessly to defend our clients’ rights. That reputation often results in our clients obtaining plea bargain offers with extremely favorable terms that avoids the most serious of the potential consequences associated with a kidnapping charge.