Kidnapping Defense Attorney in Richmond
Reliable Legal Defense for Charges of Abduction & Kidnapping in Virginia
Charges of kidnapping are taken seriously in the state of Virginia. These types of accusations can oftentimes feel overwhelming for individuals. Retaining counsel with experience in kidnapping and abduction defense cases is paramount to your future and your rights.
How is Kidnapping Defined in Virginia?
Under Virginia law, kidnapping and abduction are considered the same act. According to the Code of Virginia §18.2-47, a person has committed the crime of kidnapping by taking, seizing, transporting, detaining or concealing another person through the use of force, deception or intimidation.
In order for the act to be considered kidnapping or abduction, the offender must:
- Have the intention of depriving the victim of his or her personal freedom
- Concealing or withholding the victim from someone else who is responsible for that person
- Subjecting the person to forced labor
This offense, which is considered a violent crime, is generally a felony in the state of Virginia, though there are certain situations in which it is considered a misdemeanor.
Richmond Kidnapping Defense
Kidnapping charges are very serious allegations that can lead to damaging consequences upon conviction. Whether you are accused of kidnapping someone in an effort to commit human trafficking or you are accused of kidnapping your own child in the midst of a custody battle, you are going to need the help of a capable Richmond kidnapping defense lawyer. At Vaughan C. Jones, Attorney at Law, we to help our clients present their side of the story and fight conviction in the most effective manner possible.
What is Considered Parental Kidnapping in Virginia?
When a parent violates a court order by taking his or her child when he or she is legally not supposed to, that parent is considered as being in contempt of court and can be charged with abduction (or kidnapping). This type of kidnapping charge is considered a Class 1 misdemeanor, which can—upon conviction—lead to a sentence of up to a year in jail or a fine of up to $2,500, or both.
When the parent is accused of taking the child out of the state in the alleged kidnapping offense, the crime is considered a Class 6 felony, which is punishable by one to five years in prison. Any other form of kidnapping is considered a Class 5 felony, which is punishable by one to ten years in prison.
Accused of Kidnapping in VA?
There are many individuals who are falsely accused of crimes, including the crime of kidnapping. There are often situations in which custody disputes get out of control and one parent makes false allegations against another parent for retaliation purposes.
In other situations, the alleged offense might simply be based on a misunderstanding. There are various ways to fight kidnapping charges. For example, it might be possible to prove that you did not actually take or detain the alleged victim; that force, deception or intimidation was not used; that there was no criminal intent behind your actions; or simply that there are too many holes in the accuser's story.
When you bring your case to our criminal defense law firm, our Richmond kidnapping defense attorney can help you build a strong defense against your charges. Contact us today for help with your case!
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