Seattle Kidnapping Defense Lawyers
Kidnapping Defense
Legal matters surrounding a kidnapping case are far from simple. For example, a family member can be accused of kidnapping; the most common instances involving those centering-around child custody disputes. Though these instances are classified as cases of kidnap, the majority of the time the safety of the kidnapped person, often a child, is never compromised. In opposition, abductions carried out by a non-family member are known to pose more immediate risk to the child’s life and well-being.
When a child is missing who is twelve years or younger, the FBI will typically initiate a kidnapping investigation even if there is no known interstate aspect. The FBI will also monitor other kidnapping scenarios when there is no evidence of interstate travel.
According to Washington State Legislature Revised Code, kidnapping in the first degree is a Class-A felony if an individual intentionally abducts another person with intent to:
- hold him or her for a reward/ransom, or as a shield or hostage
- impose great mental suffering on him, her, or a third person
- inflict bodily injury on the alleged victim
- facilitate commission of any felony or flight
- obstruct the performance of any governmental function [1975 1st ex.s. c 260 § 9A.40.020.]
Regarding second degree kidnapping in Washington, Revised Code states, "(2) In any prosecution for kidnapping in the second degree, it is a defense if established by the defendant by a preponderance of the evidence that (a) the abduction does not include the use of or intent to use or threat to use deadly force, and (b) the actor is a relative of the person abducted, and (c) the actor's sole intent is to assume custody of that person." [2003 c 53 § 65; 2001 2nd sp.s. c 12 § 356; 1975 1st ex.s. c 260 § 9A.40.030.] Kidnapping in the second degree is a class-B felony except when a family member is accused. If there is a finding of sexual motivation, the kidnapping crime is a class-A felony.
The consequences for a kidnapping conviction have become sterner as years have progressed. Congress passed the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (the PROTECT Act) in 2003 which intensified penalties for kidnapping and eliminated the statute of limitations for child abduction and sex crimes. Formerly, when the child victim turned twenty-five, criminal prosecution against the offender could no longer take place. With the PROTECT Act in effect, non-family members who commit kidnapping may be subject to a minimum penalty of twenty years of incarceration. Another major element of the new legislation was the Amber Alert program, which created national communication networks to immediately alert the public when a person under the age of eighteen years of age is abducted.
When friends and family believe a loved one has been kidnapped or abducted, the chance of them making inaccurate accusations is a possibility considering their heightened emotional state and panic; however, as every parent’s worst nightmare, the fear is understandable. In some cases when a family or friend suspects a kidnapping, the missing person could instead have ran away, gotten lost, or suffered an injury and has just not yet been able to get into contact with their family. Many times, a person who was thought to have been kidnapped returns home safely on his or her own.
Considering the serious consequences of a kidnapping crime in Washington, it is important to have legal counsel on your side that will fight to clear your good name. If you have been accused of kidnapping, and want your rights aggressively defended, contact McNeese & Trotsky PLLC without delay. Our experienced kidnapping defense lawyers are well versed in all areas of criminal defense including the intricate and sensitive nature of abduction offenses. Contact us today for a free consultation.