Kidnapping is a crime where someone is taken without consent and held without permission. Kidnapping is considered a felony and a serious crime against a person. Most kidnapping charges are a matter of state law and fall within the parameters of the state court. In certain situations, kidnapping can also be a federal crime.
As these charges are some of the most severe in criminal law, the penalties they carry are harsh. If the government charges you with such a crime, it is essential to know what you are facing and seek immediate legal advice.
Kidnapping Charges Under Texas Law
In Texas, kidnapping is a serious crime. It is considered a violent crime against a person and is looked at very sternly. Kidnapping is a felony and can carry penalties from 2 years to life in prison, depending on the exact charge. The difference lies in whether the kidnapping is regular or considered aggravated.
A simple kidnapping charge in Texas is where the defendant abducts and holds someone without that person’s consent. The defendant did not physically harm the victim. One example of this type of kidnapping is holding a relative without their permission. The penalty ranges from 2-10 years with a possible fine of up to $10,000.
On the other hand, an aggravated kidnapping charge is when the victim is abducted and held without consent but is being physically harmed, terrorized, or even held for ransom. An aggravated kidnapping charge comes with more stringent penalties. A defendant can see jail time of up to life in prison, along with a $10,000 fine.
Kidnapping As A Federal Crime
Federal law describes kidnapping as the unlawful seizure, abduction, and carrying away of a person. The charge would become a federal charge if this abduction were in exchange for money. If the defendant takes a person across state lines or international lines, kidnapping is also considered a federal crime. It is also a federal crime if the victim is a federal or foreign official.
As a serious felony offense, if a defendant is charged and convicted of kidnapping in federal court, a steep penalty will be enforced. Kidnapping penalties will differ depending on the circumstances. Penalties can range from 5-year mandatory sentencing to even capital punishment, depending on the nature of the kidnapping and the level of harm.
Parental Kidnapping
Parental kidnappings, where a parent removes and abducts their child without the other parent’s consent by blocking that other parent’s parental rights, is not considered a federal crime unless that child is removed from the United States and taken overseas. Most parental kidnapping cases are not international cases, however, and only a matter of state court.
These types of cases are sensitive and a matter of family issues. Obtaining counsel can help you understand and defend these charges.
The Bottom Line
If you or anyone you know has been charged with kidnapping, either under state law or as a federal crime, it is imperative to contact defense attorneys who have experience handling these types of cases.
The Houston-based law firm Vinas & Graham, PLLC, has the years of experience and know-how to handle the most serious of crimes appropriately. Follow them on Facebook or contact them today for a consultation.
