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Criminal Defense

Kidnapping

EXPERIENCED KIDNAPPING ATTORNEYS

Here at Alcock and Associates, our criminal defense team consists of former major crimes prosecutors who comprehend how to approach and navigate a kidnapping case. Throughout the years our team has represented hundreds of serious kidnapping charges. We work tirelessly in order to obtain the best result for our clients who face kidnapping and other related offenses.

Kidnapping in the state of Arizona is a crime that at first look it seems like a crime that may require unreasonable or violent behavior. But the fact of the matter about the statute is that the prosecution can charge an individual with kidnapping for merely restraining and placing another person in reasonable fear of physical injury.

If you or a loved one are being charged with kidnapping, please do not hesitate to contact us so we can evaluate your case for free. We are here to help and we will walk you through the law and the facts of your specific case.

OUR ATTORNEYS KNOW HOW TO HANDLE KIDNAPPING CASES IN AZ

The police as well as the prosecution have much discretion to charge people with very serious crimes when the actual conduct is unintentional or taken out of context. Please feel free to contact our criminal defense law firm to schedule a consultation that is free of charge, with a criminal attorney.

WHAT’S KIDNAPPING?

Kidnapping is the knowing restraint of another person with the intent to hold that person as a hostage, hold that person as an involuntary servant, harm that person, scare that person by making them believe they are going to be hurt, interfere with a government function, or seize control of a vehicle.

Kidnapping is one of the most serious offenses in the state of Arizona. If you have been accused of kidnapping, contact an attorney right away.

WHAT DOES THIS MEAN?

It means that if a person holds an individual against their will, and the person intends to hurt the victim, or to use the threat of harm against the victim to gain something, that person has committed kidnapping.

When one thinks about a kidnapping, they might picture someone being snatched off the street and held for some sort of ransom. While that is kidnapping, the kidnapping statute, or law, in Arizona only requires that someone be restrained and placed in reasonable fear of injury.

KIDNAPPING IS DEFINED BY A.R.S. § 13-1304:

  1. A person commits kidnapping by knowingly restraining another person with the intent to:
  2. Hold the victim for ransom, as a shield or hostage; or
  3. Hold the victim for involuntary servitude; or
  4. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
  5. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or
  6. Interfere with the performance of a governmental or political function; or
  7. Seize or exercise control over any airplane, train, bus, ship or other vehicle.

PENALTIES:

Kidnapping can also be categorized as a domestic violence offense if there is a familial relationship to the victim of the kidnapping. It can be designated a dangerous crime against children if there victim is a child that is a minor. Kidnapping can be designated a dangerous offense if a weapon was used, or if the victim suffered serious injuries.

If the State files an allegation that the kidnapping was a dangerous offense, or that it was a dangerous crime against children, prison time is mandatory.

Kidnapping can be a class 4, 3 or 2 felony, depending on whether the victim was harmed and if they were released prior to the accused kidnapper’s arrest, or on agreement with police.

THE KIDNAPPING STATUTE IN ARIZONA

13-1304. Kidnapping; classification; consecutive sentence

A. A person commits kidnapping by knowingly restraining another person with the intent to:

  1. Hold the victim for ransom, as a shield or hostage; or
  2. Hold the victim for involuntary servitude; or
  3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
  4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or
  5. Interfere with the performance of a governmental or political function; or
  6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.

B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-705. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.

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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004