Kidnapping Defense Attorney Phoenix, AZ
Criminal Defense Attorney Arizona for Kidnapping Charges
In Arizona State or federal courts kidnapping charges are serious and if convicted you can face long-term serious consequences, include a lengthy prison terms. Many factors may be considered to build a strong defense strategy, true story and reduce the chances of a criminal conviction and kidnapping sentence. James Novak, at The Law Office of James Novak is experienced in defending Arizona kidnapping & home invasion charges.
Arizona Laws: Kidnapping
In simple terms the law of kidnapping provides that there involve restraint directed at any one of the six listed facts. When charging the case death or injury is not the necessary goal. The Arizona crime of kidnapping is a standalone crime. Therefore that application and review looks at if there is a victim that was held against their will and you intended to use that victim as a hostage, for money, cause harm to them or any of the other six listed factors. A.R.S. 13-1304 reads in part as follows:
A. A person commits kidnapping by knowingly restraining another person with the intent to:
- Hold the victim for ransom, as a shield or hostage; or
- Hold the victim for involuntary servitude; or
- Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
- Cause a person, or a third party, to reasonably be in fear of immediate bodily harm; interference with lawful government or political events or operations; unlawfully take control of a vehicle, air plane, water craft, bus, train or other form of public transportation.
- These offenses are considered serious crimes against victims and classified as Class 2 felonies. First offense dangerous crimes call for minimum prison sentences of 7 years, to a maxim of 21 years in prison.
- If the victim is release as a result of a kidnapping negotiation with law enforcement, but without suffering physical harm, the charges may be lowered to a Class 3 felony. First time dangerous Class 3 felonies expose a person a minimum of 5 years in prison to a maximum of 15 years in state prison.
- If a victim is released voluntarily, safely, and without being injured before an arrest is made, and before any furtherance of the crime can be committed, the charges may be lowered to a Class 4 offense. In this case, the person is exposed to minimum prison terms of 4 years, to a maximum of 8 years in state prison.
- If the victim is under 15 years old, aggravated sentencing guidelines will be imposed in addition to other sentencing that apply, under Arizona Dangerous Crimes against Children laws described under A.R.S> 13-705.
If convicted the sentencing penalties are some of the most severe with kidnapping charges. At times, the prosecution has been known refuse to negotiate any offer and take your case directly to trial to seek an aggravated prison sentence.
Criminal Defense Lawyer for Kidnapping Charges
Your freedom and future are at risk if you have been arrested or charged with kidnapping in Arizona. You usually get only one chance to “tell your story”. Let an experienced Arizona criminal lawyer be your voice and present compelling arguments through the Arizona criminal justice system. He will provide a strong defense to your Arizona criminal kidnapping charges. Call today at (480) 413-1499 for your FREE consultation with an attorney.