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Criminal Defense - Kidnapping

Connecticut Kidnapping Defense Attorney

If you have been charged with kidnapping or abduction, then your freedom is at stake. Kidnapping is a serious composite crime, involving the taking and carrying away of a person against his or her will by means of force, fraud, or unlawful seizure. Kidnapping also involves detention of that person against his or her will. The principal motives for kidnapping are to subject the victim to some form of involuntary servitude, to expose them to some further criminal act against them (e.g. murder, human trafficking), or to obtain ransom for their release. This offense often comes up in the context of divorced or separated families with children, where the child is taken by one parent while in custody of the other parent.

There are multiple levels of kidnapping, ranging from a misdemeanor to a class A felony (see below). It is essential to remember that even if kidnapping charges have been filed against you, it does not mean that the prosecution has enough evidence to bring about the conviction they are hoping for. However, the longer you wait, the more time you give the prosecution to build up a solid case against you. As the defendant, you start out at a disadvantage, but with the assistance of a skilled and aggressive legal defender you may be able to clear your name.

Here at Dolan Law Firm we defend against all types of felony charges. Our team is persistent and knowledgable, helping you level the playing field and giving you a fighting chance to dismiss your charges. Contact our Hamden office today to begin building your defense.

 

Kidnapping Penalties in Connecticut

Kidnapping in the First Degree – CT General Statutes §53a-92

This is class A felony, punishable by a term of imprisonment between 10 and 25 years. If the crime involves murder or sexual assault of a minor, this sentence may be greatly lengthened. If a firearm is used or a kidnapper threatens the use of a firearm, this person may be guilty of kidnapping in the first degree with a firearm. This entails a mandatory one year prison sentence that may not be suspended or reduced by the court.

There are typically three separate intentional acts involved in kidnapping. The first is the intent to abduct, the second is the intent  to restrain, and the third is the intent to violate or abuse the victim.

A person is guilty of kidnapping in the first degree if they abduct another person and:

  1. their intent is to use the kidnapped person as leverage to compel a third party to pay a ransom or engage/refrain from a particular conduct, or
  2. they restrain the abducted person with intent to:

a. inflict physical injury or violate the person sexually

b. complete or advance some other felony

c. terrorize the abducted person or a third party

d. interfere with the performance of a government function

Kidnapping in the Second Degree – CT General Statutes §53a-94

Kidnapping in the second degree is a class B felony, punishable by up to 20 years in prison. There is a mandatory minimum three year prison sentence for this crime that may not be suspended or reduced by the court.

A person is guilty of kidnapping in the second degree if they abduct another person. Abduction is the act of taking away any female for purposes of concubinage, marriage (under a certain age), or prostitution.

Parental Kidnapping or Custodial Interference in the Second Degree

Custodial Interference in the Second Degree is a class A misdemeanor, punishable by up to a year in prison and a fine of up to $2,000. A sentence may be harsher if the kidnapped party is exposed to potential danger or taken out of state. Custodial interference may have been committed if:

  1. The relative of a child under 16 intends to hold the child permanently, knowing he or she has no legal right to the child, and the relative takes the child from their rightful custodian, or
  2. A party refuses to return a child under 16 to the legal custodian, after a request to return the child

 

Defenses to Kidnapping Charges

Some examples of possible defenses to kidnapping charges are outlined below:

  • The defendant voluntarily released the victim in a safe place (NOTE: this is only a partial defense and may only result in the decrease of the penalty and charge by one degree)
  • Fleeing domestic violence
  • Lack of knowledge
  • The defendant is a relative of the victim
  • The defendant’s only intent was to gain lawful control of the victim
  • The victim was obtained legally and prevented from being returned due to circumstances beyond the defendant’s control

 

We Care, We Fight, We Win

Kidnapping is a serious offense that requires an experienced defense team. Dolan Law Firm prides itself on being available 24/7 because we truly care about the future freedom of our clients. When we take on a case, all hands are on deck and we promise to do everything we can to achieve a case dismissal or a reduction of your charges. We believe that no other defense firm will work as hard to clear your name. We have a history of case victories, and we can work to get your kidnapping charges reduced or dismissed altogether. The sooner you get us involved, the better. Call us today to schedule a complimentary consultation, where we can hit the ground running on an impenetrable defense.