Miami Kidnapping Defense Lawyer

Under Florida Statute § 787.01, alleged offenders can be charged with kidnapping if they forcibly, secretly, or by threat confine, abduct, or imprison another person against her or his will and without lawful authority, with intent to do one of the following:

• Hold the alleged victim for ransom or reward or as a shield or hostage;
• Commit or facilitate the commission of any felony;
• Inflict bodily harm upon or terrorize the alleged victim or another person or
• Interfere with the performance of any governmental or political function.

Florida Kidnapping Charges

When it is alleged that a person kidnapped another party with the intent to commit or facilitate the commission of any felony, the Florida Standard Jury Instructions stipulate that the prosecution must also prove that the confinement, abduction, or imprisonment:

• must not be slight, inconsequential, or merely incidental to the alleged felony;
• must not be of the kind inherent in the nature of the alleged felony; and
• must have some significance independent of the alleged felony in that it makes the alleged felony substantially easier of commission or substantially lessens the risk of detection.

Kidnapping is a first-degree felony offense punishable by up to 30 years or life in prison and/or a fine of up to $10,000.

When Does Kidnapping Become a Life Felony?

Kidnapping becomes a life felony if the alleged victim is a child under the age of 13 and the alleged offender, in the course of committing the offense, commits one or more of the following:

• Aggravated child abuse;
• Sexual battery against the child;
• Lewd or lascivious battery;
• Lewd or lascivious molestation;
• Lewd or lascivious conduct;

• Lewd or lascivious exhibition;
• Procuring a child for prostitution;
• Forcing, compelling, or coercing another to become a prostitute;
• Exploitation of a child; or
• Human trafficking for commercial sexual activity.

A life felony offense is punishable by life in prison and/or a fine of up to $15,000. Any alleged use of a firearm or other deadly weapon in an alleged kidnapping offense can increase the possible sentence for a conviction.

Contact Our Kidnapping Attorney in Miami Today

Our Miami assault defense lawyer is a former prosecutor who can fight to get these criminal charges significantly reduced or completely dismissed. If you schedule a free consultation, he can review your case and discuss all your legal options.

Contact The Hoffman Firm today to get started on your defense with our Miami kidnapping defense lawyer.