Phoenix Kidnapping Defense Lawyer
Kidnapping is the illegal act of holding, taking or removing another person against his or her will, usually by means of force, violence, or the threat of violence. If you have been charged with kidnapping, contact Attorney Raymond A. Kimble immediately.
In the past, kidnapping was thought to be a crime that was committed by strangers. Today however, there are even more kidnapping cases where the victim not only knows the offender, but actually has a close relationship to the offender. This is especially true in family situations where only one parent has legal and physical custody over a child and the other parent takes the child without permission.
Types of Kidnapping Offenses in Arizona:
In Arizona, a person may be investigated, arrested and charged with kidnapping for a number of reasons:
- Unlawful Imprisonment - A person commits unlawful imprisonment by knowingly restraining another person.
- Kidnapping - A person commits kidnapping by knowingly restraining another person with the intent to:
1. Hold the victim for ransom, as a shield or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person
Defenses to Kidnapping/Unlawful Imprisonment Charges
The State of Arizona provides statutory defenses for people who have been arrested and charged with kidnapping or unlawful imprisonment. One of these normally applies to situations involving child custody disputes. Here, a person can assert that:
- The victim was a relative
- The sole objective was to assume lawful custody over the victim
- The restrain was completed without any physical injury
Another potential defense to an unlawful imprisonment charge arises in situations where the person completing the restraint is a police officer acting in the lawful performance of his duty. Obviously, this applies to incidents where an officer suspects someone has committed a crime and either has probable cause to arrest them or is acting under a reasonable belief that the restraint is lawful and it is in good faith
Finally, merchants may detain a person for a reasonable amount of time if they are suspected of shoplifting. This detention can only last long enough to question that person and retrieve the stolen items or summons law enforcement.
Penalties for Kidnapping in Arizona
Kidnapping is one of the most serious criminal offenses a person can commit and will not be tolerated in any way by state prosecutors. Police use all their resources to locate alleged victims and bring suspects to justice. Consequently, people charged with unlawful imprisonment or kidnapping will undoubtedly face lengthy jail or prison terms and significant periods of probation. Huge fines and restitution are also a possibility.
Call an Experienced Kidnapping Defense Attorney Today: (480) 833-8613
If you have been accused of unlawful imprisonment or kidnapping, Attorney Raymond Kimble can provide you with the level of superior attention, dedication, and representation you need to be successful in court. With over 20 years of experience, Raymond Kimble is extremely familiar with the state laws that govern kidnapping cases in Arizona and has conducted a number of felony jury trials in recent years. As an experienced kidnapping defense lawyer, Mr. Kimble understands what is at stake, as well as the implications a conviction of this nature can take on your life. Mr. Kimble knows how to prepare a solid defense, challenge the prosecution's evidence and negotiate a reduction of the charges or represent you at trial