Have Philadelphia authorities charged you with kidnapping? These charges can bring severe consequences, including a lengthy prison sentence, but an aggressive defense can make a difference in how your case unfolds. Brian Zeiger of The Zeiger Firm takes a detailed approach to defending against kidnapping charges. Contact Brian today for a free initial consultation, and let him fight for your rights.
What Is Kidnapping?
Kidnapping and related offenses in Pennsylvania involve unlawful actions that interfere with another person’s freedom or custody. These offenses include kidnapping, unlawful restraint, false imprisonment, interference with custody, criminal coercion, and other similar actions. Here is more information about each of these criminal charges.
Kidnapping
Kidnapping occurs when someone unlawfully removes another person a substantial distance from where they are found or confines them for a significant period in a place of isolation. For kidnapping charges to apply, the person must act with one or more of the following intentions:
- Holding the person for ransom or as a hostage
- Facilitating another felony or escaping after committing a felony
- Inflicting bodily injury or terrorizing the victim or someone else
- Interfering with a governmental or political function
Unlawful Restraint
Unlawful restraint involves knowingly restricting another person’s freedom in a way that exposes them to serious bodily injury or places them in a state of involuntary servitude. If the alleged victim is under 18 and the alleged offender is not the child’s parent, the law applies stricter rules. However, parents can face charges for unlawful restraint if they knowingly expose their children to serious bodily harm or hold them in involuntary servitude.
False Imprisonment
False imprisonment involves knowingly restraining someone in a way that significantly and unlawfully interferes with their ability to move freely. As with unlawful restraint, parents can also face charges if they interfere substantially with their children’s freedom in ways prohibited by law. If the alleged victim is a minor child and the alleged offender is not the child’s parent, the offense carries more severe consequences.
Interference with Custody of Children
Parental kidnapping or interference with custody involves knowingly or recklessly taking or enticing a child under 18 from their parent, guardian, or lawful custodian without permission. Pennsylvania law grades interference with custody more seriously if the offender acts with intent to alarm the child’s lawful custodian or fails to return the child within a reasonable time.
Interference with Custody of Committed Persons
This offense applies when someone knowingly or recklessly removes a committed person from lawful custody. A “committed person” includes children placed in custody by legal authorities, people with mental disabilities, or other dependents under court or agency supervision.
Criminal Coercion
Criminal coercion occurs when someone restricts another person’s freedom of action by threatening them. Threats might include promising to commit a crime, expose a damaging secret, accuse the victim of a crime, or misuse official power.
Concealment of Whereabouts of a Child
This offense involves taking or keeping a child away from their known residence with the intent to hide them from a parent or guardian. State law prohibits this behavior unless the offender has court authorization or acts reasonably to protect the child from violence or abuse. Concealment includes actions like removing the child, preventing their return, or failing to return them when expected.
Luring a Child into a Motor Vehicle or Structure
This offense involves luring or attempting to lure a minor child into a vehicle or enclosed structure without parental or guardian consent. The law considers this action unlawful unless the circumstances suggest the child needed help. For children under 13, the law strictly forbids this behavior and eliminates the defense of ignorance about the child’s age.
How a Philadelphia Kidnapping Charges Defense Lawyer Can Help You
A kidnapping defense attorney can protect your rights and knows how to get kidnapping charges dropped or reduced. They can review the details of your case, including police reports, witness statements, and evidence, to identify weaknesses or errors in the prosecution’s claims. They can also explain the laws related to kidnapping and similar offenses to help you understand the charges, potential consequences, and maximum penalties you’re facing if charged with kidnapping.
Criminal defense lawyers work hard to develop strategies to challenge the evidence, negotiate with prosecutors, and potentially decrease or eliminate the charges. If your case goes to trial, your violent crimes lawyer advocates for you in court and presents the most vigorous defense possible based on the circumstances exposing you to criminal charges.
What Are the Penalties for Kidnapping in Pennsylvania?
Kidnapping is one of the most serious crimes a person can be charged with. The severity of the penalties for kidnapping charges in Philadelphia and related offenses depends on the specific offense, the circumstances of the crime, and the age of the victim, as follows:
- Kidnapping is a first-degree felony. A kidnapping conviction is punishable by up to 20 years in prison and a $25,000 fine.
- Unlawful restraint is a first-degree misdemeanor if the victim is an adult, punishable by up to five years in prison and a $10,000 fine. It is a second-degree felony if the victim is a minor, punishable by up to 10 years in prison and a $25,000 fine.
- False imprisonment is a second-degree misdemeanor if the victim is an adult, punishable by up to two years in prison and a $5,000 fine. It is a second-degree felony if the victim is a minor, with a maximum penalty of 10 years of prison time and a $25,000 fine.
- Interference with custody of children is a third-degree felony. If you’re found guilty of this offense, you can face a maximum sentence of up to seven years in prison and a $15,000 fine. It is a second-degree felony if the offender acts with reckless disregard for the child’s safety and a second-degree misdemeanor in cases of short-term interference.
- Interference with custody of committed persons is a second-degree misdemeanor, with jail time up to two years and a fine of up to $5,000.
- Criminal coercion is a second-degree misdemeanor in most cases and a first-degree misdemeanor if the threat involves a felony or felonious intent, which can result in a maximum penalty of up to five years imprisonment and a fine of up to $10,000.
- Concealment of the whereabouts of a child is a third-degree felony, punishable by up to seven years in prison and a $15,000 fine.
- Luring a child into a motor vehicle or structure is a first-degree misdemeanor if the victim is under 18 but at least 13 and a second-degree felony if the victim is under 13.
Kidnapping cases can result in time behind bars for a substantial period of time, a criminal record that follows you around for the rest of your life, and interference with your child custody rights. Our legal team can help devise effective defense strategies to minimize these penalties.
Are There Defenses to Kidnapping Charges?
Yes. Possible defenses to kidnapping charges that a Philadelphia kidnapping lawyer might use include:
- Lack of intent to commit kidnapping
- Consent of the alleged victim
- Alibi or mistaken identity
- False accusations or fabricated evidence
- Insufficient evidence to prove elements of the crime
- Duress or coercion by a third party
- Acting within legal parental rights (in cases involving minors)
- Violation of constitutional rights during arrest or investigation
- Misinterpretation of the events by law enforcement or witnesses
Contact Our Experienced Philadelphia Criminal Defense Attorney for a Free Case Review
If you face charges for kidnapping or a related offense, now is the time to act. Contact Philadelphia criminal defense lawyer Brian Zeiger to arrange your free, confidential case review and take the first step toward protecting your rights.
