San Antonio Kidnapping Defense Lawyer

Criminal Defense for Felony Charges

Considered a violent crime, kidnapping is both a felony offense as well as a federal offense. It is defined as the use of force, intimidation, or deception to abduct someone. If the victim is younger than 14 years of age or is mentally disabled, it is simply the abduction of the individual without the consent of the parent or guardian. If the victim is between the ages of 14 and 17 and is taken out of state and 120 miles from his or her home without the consent of the parent or guardian, it is also considered to be kidnapping, regardless of whether he or she was a willing participant. In most cases, kidnapping is a third degree felony. Protect your future by calling San Antonio criminal defense lawyer Tylden Shaeffer if you are facing kidnapping charges.

Nuances of a Kidnapping Charge in Texas

It is often heard that parents or relatives who have the best interests of their children in mind are accused of kidnapping. In Texas, kidnapping is not charged if the victim is a relative or if the victim was abducted with the intent to assume lawful control. Furthermore, kidnapping is not charged if there is no intent to use or threaten deadly force. In situations in which a person is abducted without such intent, it is charged as unlawful restraint or unlawful transport.

On the other hand, aggravated kidnapping may be charged if the victim was held for ransom, held hostage, was injured, sexually abused or terrorized, if the victim was taken with the intent to commit a felony or if the victim was abducted after committing a felony crime. Aggravated kidnapping is a first degree felony, although if the victim was released voluntarily without injury, it will be charged as a second degree felony.

For more information about fighting kidnapping charges in Texas, contact San Antonio Kidnapping Defense Lawyer Tylden Shaeffer.