What You Need to Know About Kidnapping and Florida Law

Kidnapping

Kidnapping is a serious crime in any state. According to Florida Statute 787.01, kidnapping is defined as using force to imprison, abduct, or confine another person against their will. Kidnapping is a first-degree felony and punishable by life in the Florida State Prison system.
Under Florida law, kidnapping is not limited to the abduction of a child or holding a person for ransom, and it is broadly worded to include the detention of any person, even if the kidnapper and victim know each other.

Under Florida Law, a Prosecutor Must Prove These Three Elements to Charge a Defendant With Kidnapping:

  • That the defendant used force or a threat of force to abduct and confine another person against their will.
  • That the defendant had no lawful authority to abduct or confine another person.
  • That the defendant acted with the intention to inflict bodily harm on another person, terrorize another person, hold another person for reward, ransom, as a hostage, or to commit a felony.

You Have Been Arrested for Kidnapping, What Happens Next?

Kidnapping is a serious offense, and any charges will be turned over to the State Attorney’s Office. A prosecutor is the State Attorney’s Office will review police reports, speak with witnesses, the investigating officer, and the alleged victim. The prosecutor must determine there is enoguh evidence to support a kidnapping crime within 21 days after the arrest. The prosecutor can then file charges. If there is not sufficient evidence to support a kidnapping charge, they can file lesser charges, such as; assault or domestic battery.

Hiring an attorney as early as possible allows for all favorable to be preserved and gives you best chance at avoiding formal charges against you. It is essential to retain Ronald Chapman immediately upon arrest. Ronald Chapman can represent you at an emergency bond hearing and will meet with the prosecutor to learn information from the alleged victim and any witnesses. Ronald Chapman can review any physical evidence and surveillance tapes which may contradict any alleged charges.

Penalties for Kidnapping a Child Under the Thirteen Years of Age

When a person has been alleged to kidnap a child under 13 years of age, there are enhanced penalties for this serious offense. Exploiting a child, prostitution upon a child, aggravated child abuse, sexual battery against a child, lewd or lascivious battery, molestation, conduct or exhibition are serious felonies that have enhanced penalties.

Ronald Chapman

Ronald Chapman represents both men and women arrested with serious crimes. If you have been accused or arrested for kidnapping, contact Ronald Chapman. He is an experienced criminal defense attorney who will fight to protect you.

Criminal Defense Attorney West Palm Beach

Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.

Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.

 

Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
561-832-4348

 

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