According to Florida Criminal Statute §787.01, The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to hold for ransom or reward or as a shield or hostage, commit or facilitate commission of any felony, inflict bodily harm upon or to terrorize the victim or another person, or Interfere with the performance of any governmental or political function.
The Florida Statutes also include provisions relating to confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian. Armed kidnapping and capital crime kidnapping crimes are also addressed under Florida Statutes.
A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life.
In order for the prosecution to obtain a conviction for kidnapping the prosecution must prove beyond a reasonable doubt that the accused forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, in addition to other requirements under Florida Statute §787.01.
It is not uncommon for an exaggerated or false claim to be made against an individual who is charged with kidnapping. Often times the accusation is associated with a disagreement or heated argument. Your attorney will make every effort using every available legal resource to to prove the claims to be false and prove your innocence.
If a dismissal of your kidnapping charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the charges against you.
The Law Office of
JOSHUA E. SCHOEN, P.A.