Saint Petersburg Criminal Defense Attorneys Explain How to Fight Kidnapping Charges

Being accused of kidnapping is an extremely serious criminal charge that can completely ruin someone’s life. Even just being investigated for kidnapping can lead to job loss, damaged relationships, and public shame. That’s why it’s so important to have an experienced criminal defense attorney on your side if you find yourself facing these allegations.

As criminal defense attorneys in Saint Petersburg, we have successfully defended clients against kidnapping charges. These cases are always challenging, but a strong defense is possible. Here we’ll explain the common strategies and defenses we use to fight kidnapping accusations in court.

What Constitutes Kidnapping Under Florida Law

The legal definition of kidnapping includes forcibly, secretly or by threat confining, abducting or imprisoning another person against their will with intent to:

• Hold for ransom or reward or as a shield or hostage
• Commit or facilitate commission of any felony
• Inflict bodily harm upon or to terrorize the victim or another person
• Interfere with the performance of any governmental or political function

To prove a kidnapping charge, prosecutors must show the key elements of forcibly confining someone and acting with criminal intent. But the exact circumstances matter a lot in these cases.

Common Kidnapping Defenses We Use

There are many potential weaknesses in kidnapping charges that a skilled attorney can exploit to get charges reduced or dismissed. Here are some of the most effective legal defenses we frequently use:

No Criminal Intent

Prosecutors must prove you had some kind of criminal motive, such as seeking ransom, facilitating another crime, or intending to physically harm the victim. But sometimes there are misunderstandings or alternative explanations why someone was confined or moved against their will. We build a defense by gathering evidence to show you lacked any criminal intent.

No Use of Force

A key element of kidnapping is the use of force or threats to take and hold someone against their will. But if the alleged victim went voluntarily without force, or had opportunities to leave but chose to stay, then the kidnapping charges can often be defeated.

False Accusations

We always critically examine the accuser’s credibility and motivations for making the kidnapping allegation. Sometimes these charges arise from custody disputes, bitter divorces, or are simply fabricated for revenge or attention. By demonstrating the accuser’s lack of credibility, false charges can be exposed.

Mistake of Fact

If you had a sincere and reasonable belief that you had consent or legal authority to restrain someone’s movement, that can be a strong defense. For example, physically stopping someone that you reasonably believed was trying to commit a crime. The key is showing your honest perception negates criminal intent.

Self-Defense

Restraining another person may be legally justified if it was necessary to protect yourself, others, or property from imminent harm. For example, detaining someone threatening violence until police arrive. Self-defense applies even if the perceived threat turns out to be unfounded.

Diminished Capacity

Mental conditions like schizophrenia, bipolar disorder, PTSD, or severe depression can impair judgment and perception of reality. We retain psychology experts to assess if your mental state made it impossible for you to form criminal intent.

Duress

If you were forced to commit the kidnapping under threats to your (or another’s) life, that can excuse your actions. The coercion must be immediate and no reasonable alternative but to comply. This is an extremely high legal standard but may apply in abduction cases.

Intoxication

Evidence that you were involuntarily intoxicated or too impaired to form intent could defeat kidnapping charges. For example, if someone slipped drugs into your drink without your knowledge.

How an Experienced Criminal Defense Attorney Can Help

Fighting serious felony charges like kidnapping requires an aggressive defense lawyer who knows how to challenge the prosecution’s accusations. Here are some of the ways we defend clients facing kidnapping charges:

• Thoroughly investigate the circumstances of the allegations
• Identify weaknesses in the prosecution’s case
• Obtain and analyze evidence to corroborate your version of events
• Hire expert witnesses like psychologists to support defenses
• Negotiate with prosecutors to get charges reduced or dismissed
• File motions contesting the legality of arrests or evidence collection
• Present persuasive defenses at trial showing your innocence
• Advocate for the lowest possible sentence if convicted

Never try to navigate a kidnapping case without an attorney! The legal stakes are far too high. With an aggressive defense focused on the specifics of your case, we can often get these charges reduced significantly or dismissed entirely in many cases. Don’t leave your future to chance – contact our Saint Petersburg criminal defense firm online or call (727) 456-7890 to schedule a free consultation if you are under investigation or charged with kidnapping.