Violent Crimes: Miami Kidnapping Defense Lawyer
Fighting Charges Of Kidnapping & False
Kidnapping and false imprisonment are serious crimes in Florida. The defense attorneys at the law firm of Donet, McMillan & Trontz, P.A. (DMT) have represented numerous clients charged with both kidnapping and false imprisonment. Consult us immediately if you've been arrested in order to learn how we can build a strong defense against your charges.
Overview of Kidnapping Charges
Kidnapping is considered to be a crime of violence.
To prove the charge of kidnapping, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant used force or the threat of force to confine, abduct, or imprison another person against their will with no lawful authority; and
- One of the four following intents:
- To hold a victim for ransom or reward or used the victim as a shield or hostage;
- To commit the confinement, abduction, or imprisonment to assist in the commission of a felony;
- To inflict bodily harm upon or terrorize the victim; or
- o interfere with the performance of any governmental or political function.
When it comes to prosecuting a charge of kidnapping, they will need to prove that the abduction or confinement was not just incidental during the commission of the offense. Kidnapping charges will not stand in court if the imprisonment was an included element of the felony or that it made it easier to commit.
Penalties for Kidnapping in Florida
Kidnapping is a first degree felony punishable up to life in prison. A kidnapping charge can be enhanced to automatic life in prison if the victim is under 13 years of age and the defendant also commits child abuse, sexual battery or lewd and lascivious behavior on the child victim. Kidnapping charges can also be enhanced if a firearm was used in the commission of the offense. If a firearm was used, the applicable 10/20/Life sentencing laws subject a defendant to even more prison time with minimum mandatory sentences. With the stakes so high, it is imperative to retain a Miami criminal law defense firm with experience in defending kidnapping charges in Florida state courts.
False Imprisonment: Overview of the Law
Although false imprisonment is still considered a crime of violence, it is a less serious offense that carries substantially decreased penalties than the crime of kidnapping. All that needs to be proven in this case is that prosecution has to prove that the defendant confined or threatened to abduct a victim against his or her will. Additional elements under the kidnapping statute do not need to be proven beyond a reasonable doubt.
False imprisonment is a second degree felony punishable up to fifteen years in prison. However, under the State of Florida Sentencing Guidelines Offense Severity Ranking Chart, false imprisonment does not score out to mandatory state prison. The lawyers have been successful in getting false imprisonment charges dismissed on many occasions. First time offenders are looking at a pre-trial intervention program or probation in a worst case scenario.
Speak with a Criminal Defense Attorney in Miami, FL
If you are under investigation for, or have been arrested and charged with kidnapping or false imprisonment, contact the Miami criminal lawyers at DMT.
An experienced criminal attorney is available every day of the year, 24 hours a day to speak with you regarding your situation. Allow us the opportunity to help protect your rights and defend you case and you will not be disappointed. You can call our office at (305) 444-0030 or reach us by completing our
case evaluation form
or by sending an e-mail.