If you have been arrested for abduction or kidnapping in Tennessee, let a skilled Manchester, TN criminal defense attorney prepare you the best defense possible.
Abduction and kidnapping cases usually go hand in hand. When most people think of kidnapping, they often think about television shows and movies that feature elaborate ransom demands, but that is not always the case. Parental kidnapping involves one parent taking the child away from the other parent who has legal rights. An abduction or kidnapping may not always involve the use of restraints, either.
If you have been arrested and accused of abduction or kidnapping, it is imperative you contact a Manchester criminal defense attorney right away. The team at the Law Offices of Burch & Lockhart has over 15 years of experience representing Middle Tennessee clients in a wide variety of criminal matters, including abduction and kidnapping. These are serious charges. You need a legal team with the experience and skills necessary to prepare a strong defense. We understand how much is at stake in any criminal matter. We will aggressively defend your rights and make sure you understand what is happening throughout the entire process.
How Abduction Differs from Kidnapping
While the terms are often used interchangeably, there are some differences between abduction and kidnapping, but that does not mean they are mutually exclusive crimes. Both terms refer to taking someone or detaining them against their will. Usually, kidnapping involves taking someone against their will by force, threats, or deception, with an intent to keep the person detained. It can be for a variety of reasons, whether it is financial (ransom), political, etc. Abduction usually involves taking someone away by methods like fraud or persuasion. Abduction can interfere with familial relationships when you take a child from his or her parents, regardless of whether or not that child consents.
Kidnapping is a Serious Crime
Tennessee law defines kidnapping as false imprisonment with circumstances that expose someone to a substantial risk of bodily injury. False imprisonment is when you knowingly confine or remove someone in an unlawful manner as to interfere with the other person’s liberties. If you are convicted of kidnapping, it is a Class C felony, while false imprisonment is a Class A misdemeanor.
Aggravated and Especially Aggravated Kidnapping
Aggravated kidnapping is also false imprisonment, but there are additional circumstances that will apply. To be convicted of aggravated kidnapping, it has to be committed:
- During the commission of any felony or fleeing afterward;
- With the purpose of interfering with a political or governmental function;
- With possession of a deadly weapon, or a threat to use a deadly weapon; or
- The victim suffered bodily injury.
If you are convicted of aggravated kidnapping, it is a Class B felony. There is also especially aggravated kidnapping, which is a Class A felony. This applies if the crime was committed:
- Using a deadly weapon or it was displayed;
- The victim was under 13 years old at the time;
- The victim suffered serious bodily injury; or
- The crime was committed with the purpose of holding the victim for ransom, hostage, etc.
If you let the victim go voluntarily or you provide law enforcement with information that helps return the victim safe and sound, the court may consider this and any other mitigating factors during sentencing.
Contact a Tennessee Criminal Lawyer
If you have been charged with kidnapping or another crime, you need a strong legal defense. Do not delay. Contact the Law Offices of Burch & Lockhart today to schedule an initial consultation.