Miami Criminal Defense Attorneys Explain How to Fight Kidnapping Charges

Being accused of kidnapping is an extremely serious criminal charge that can lead to decades behind bars if convicted. However, there are often viable defenses that a skilled Miami criminal defense attorney can use to get the charges reduced or even dismissed altogether.

In this article, we’ll explain the common strategies and defenses Miami criminal lawyers use to fight kidnapping accusations. We’ll also go over the specific Florida laws regarding kidnapping and false imprisonment so you understand exactly what the prosecution needs to prove.

What Constitutes Kidnapping Under Florida Law?

Florida statute 787.01 defines kidnapping as:

Forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will and without lawful authority.

To be found guilty of kidnapping, the prosecution must prove these key elements beyond a reasonable doubt:

• You confined, abducted, or imprisoned the victim
• You acted forcibly, secretly, or by threat
• The victim was confined against their will
• You acted without lawful authority

All four of these elements must be met for a kidnapping conviction. If the defense attorney can show reasonable doubt on even one element, the charges could get dismissed or reduced.

Common Kidnapping Defenses Used by Miami Criminal Lawyers

There are many potential defenses that can be used to fight kidnapping charges. Here are some of the most common strategies criminal defense attorneys use:

No Intent

For a kidnapping conviction, the prosecution must prove you acted with criminal intent. You can’t accidentally or unknowingly kidnap someone. If your Miami defense lawyer can show you had no intent to confine the victim against their will – such as if it was a misunderstanding or mistake – the charges can often be reduced or dropped.

Consent

If the alleged victim consented to go with you, it is not considered kidnapping under Florida law. For example, if you and the “victim” agreed and conspired together to fake a kidnapping, there was no crime. Lack of consent is a key element the prosecution must prove.

Parental Rights

In family kidnapping cases, a common defense is that the defendant was exercising lawful parental rights. If a mother or father takes their own child somewhere without the other parent’s permission, it is usually not kidnapping unless parental rights were terminated.

Mental State

If you were legally insane or mentally incapacitated at the time, you can use an insanity or diminished capacity defense. This means you were unable to understand the consequences or nature of your actions.

Duress

If you can show you were forced or coerced to commit the kidnapping under threats against your (or another’s) life, this can constitute a duress defense. You may argue you only kidnapped the victim under extreme pressure and threat of death.

Misidentification

Eyewitness misidentification is a common contributor to wrongful convictions. If the victim or witnesses incorrectly identified you, this creates ample reasonable doubt. Your criminal defense lawyer will rigorously question the credibility of any identification evidence.

False Accusations

Unfortunately, people are sometimes falsely accused of kidnapping out of anger, revenge, or mental illness. Your attorney will thoroughly investigate the accuser’s background and motive, looking for any red flags like a history of lying, mental issues, or grudges against you.

Sentencing and Penalties for Kidnapping Convictions in Florida

Kidnapping is punished severely under Florida law. The penalties if convicted include:

• First degree felony up to life in prison
• Minimum sentence of 25 years if victim suffers bodily harm
• Minimum sentence of life in prison if victim dies
• Life felony if victim is under 13 and kidnapper is 18+
• Enhanced penalties if sexual battery occurs

With such extreme penalties on the line, the importance of an experienced criminal defense attorney cannot be overstated. Even if the facts seem damning, a skilled lawyer may find ways to get charges reduced or dismissed by challenging the prosecution’s evidence and legal basis.

Fighting Related Charges: Unlawful Imprisonment, False Imprisonment

Besides kidnapping, you may also face charges like false imprisonment or unlawful detention. Under Florida statute 787.02, false imprisonment is committed when someone:

Forcibly, by threat, or secretly confines, abducts, imprisons, or restrains another person without lawful authority and against her or his will.

The key difference between kidnapping and false imprisonment is that kidnapping requires confining someone in a different location. With false imprisonment, the victim is confined in the same area they were already in.

The defenses against false imprisonment or unlawful detention charges are similar to those used for kidnapping. Lack of criminal intent, consent, misidentification, no use of force, or parental rights could all invalidate such charges.

Work with a Miami Criminal Defense Lawyer Today

Fighting kidnapping charges in Florida requires an aggressive defense lawyer with extensive experience challenging these types of allegations. The prosecution will come at you full force, so you need the top-tier legal representation to avoid a lengthy prison sentence.

Don’t leave your fate in the hands of an overworked public defender. Hire a knowledgeable and dedicated Miami criminal defense attorney to start building your customized defense strategy right away. A skilled lawyer can often get charges reduced or dismissed well before trial.

With so much on the line, take immediate action by contacting a qualified kidnapping defense attorney today. The sooner you get ahead of these allegations, the better your chances of avoiding life behind bars.

References

Florida Statute 787.01 – Kidnapping

Florida Statute 787.02 – False Imprisonment

Miami Herald – Kidnapping Charges Reduced Through Aggressive Defense

Nolo – Defenses to Kidnapping Charges