Our defense team includes former major crimes prosecutors who understand how to approach a kidnapping case. Over the years we have represented hundreds of serious kidnapping charges. We work tirelessly to obtain the best result for our clients who face kidnapping and related offenses.
Kidnapping in Arizona is a crime that at first glance seems to require outrageous or violent behavior. But an examination of the statute shows that the prosecution can charge someone with the crime for merely restraining and placing another person in reasonable fear of physical injury.
If you or a loved one are charged with kidnapping, please do not hesitate to contact us for a free case evaluation. We will walk you through the law and the facts of your case.
The police and 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 with a criminal attorney if you have any questions about kidnapping.
What is 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 Arizona. If you have been accused of kidnapping, contact an attorney immediately.
What does that mean?
It means that if a person holds a victim against his 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 you think of kidnapping, you might get an image of someone being snatched off the street and held for ransom. While that is kidnapping, the kidnapping statute in Arizona only requires that someone be restrained and placed in reasonable fear of injury.
Kidnapping is defined by A.R.S. § 13-1304:
Kidnapping can be designated a domestic violence offense if there is a familial relationship to the victim. It can be designated a dangerous crime against children if there victim is a minor child. Kidnapping can be designated a dangerous offense is a weapon is used, or if the victim suffers serious injury.
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.
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.
We are dedicated to helping YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.
Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004