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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. Protect your future by calling San Antonio criminal defense lawyer Tylden Shaeffer if you are facing kidnapping charges.
In Texas, kidnapping can be charged if the victim is a relative or is abducted with the intent to assume lawful control. This is seen most often during custody battles over children in family law cases. In situations in which a person is abducted without such intent, one might only be charged with unlawful restraint or unlawful transport—a lower level offense
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 is released voluntarily in a safe place, second degree felony could be imposed in lieu of first degree punishment—but the defense must affirmatively prove that at the punishment hearing at trial under Texas law.
If you’ve been charged with kidnapping in San Antonio Tx, you will need a strong defense attorney on your side.