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Possible Defenses to Kidnapping Charges

kidnapping

Kidnapping Charges

Kidnapping is a serious crime in Massachusetts. It is considered a violent crime and is thus a felony charge. Criminal defendants who are facing kidnapping charges are at risk of jail time, loss of their freedom, and long-term impacts on their life if they are convicted. That is why it is so important to work closely with a skilled kidnapping criminal defense lawyer to develop your strongest possible defense strategy, and to try and reduce the charges as best as possible in light of your specific circumstances. It is important that you receive fair treatment under the law, and Our Attorney can help you. 

Kidnapping allegations can arise from all sorts of situations. A parent might pick up a child that he or she has a right to have custody of, and the other parent may claim that there has been a kidnapping. In some domestic situations, a boyfriend might prevent a girlfriend from leaving a vehicle by driving too fast for her to safely exit the vehicle. A group of friends might play a “prank” on one of their buddies, which might qualify as kidnapping for all intents and purposes. Whatever the case may be, there could be valid defenses to the kidnapping charges, and these defenses should be raised as appropriate to your specific situation.

Possible Defenses to Kidnapping Charges

  • Consent of the victim. Consent of the victim is the most commonly employed defense to kidnapping charges. The alleged victim might have initially agreed to be taken by the alleged perpetrator, only to later have a change of heart. Regret, fear, and anger are all reasons why a victim might claim that they were kidnapped when they had originally given consent.
  • You have a legal right to custody of your child. There may be a child custody dispute between parents, where one parent is supposed to have custody rights to the child, but the other parent is refusing to let the child near the other parent. The parent with the right to child custody may claim that the other parent that is refusing to share the child has kidnapped the child. Now, there could be plenty of good reasons why a parent would refuse to allow the other parent to see, or have custody of their child. For instance, if there is a history of abuse of violence, or there is reason to believe that the child would be placed in danger if allowed to be in the custody of the other parent, then the parent that is refusing to share the child could have a justification for his or her actions.
  • The allegations are completely false. Sometimes as the result a domestic dispute, one person will allege that a domestic partner kidnapped them. The allegations are completely fictitious, and are meant to hurt the accused by getting them in trouble with the law.
  • In kidnapping cases in Massachusetts, when a person suffers from a mental disease or defect at the time of the kidnapping, it could be a defense to their actions because they could not understand that their actions were wrong and/or were out of control of themselves at the time of the kidnapping.

Massachusetts Criminal Defense Our Attorney

Our Attorney is a knowledgeable and experienced criminal defense attorney who has assisted clients in defending against kidnapping charges. It is important to talk with an experienced criminal defense lawyer if you are facing kidnapping allegations. Please do not hesitate to contact Our Attorney