Although most people think of kidnapping as a sensational crime involving  ransom notes for abducted children of rich people, it’s more commonly charged  in connection with domestic disputes. For example, a parent can be charged  with kidnapping their own child in a custody dispute. According to Florida  statute 787.01, Kidnapping means “forcibly, secretly, or by threat confining,  abducting, or imprisoning another person against her or his will.” 

Specifically, someone can face Kidnapping charges in Florida for taking a person against their will with the intention to: 

∙ Commit or facilitate the commission of a felony; 

∙ Interfere with the performance of any governmental or political function; ∙ Hold the victim for ransom or reward, or as a shield or hostage; or ∙ Inflict bodily harm upon or to terrorize the victim or another person. 

Kidnapping is a first-degree felony and a conviction can mean a minimum of four years in prison with a maximum term of life. 

A defendant can be charged with Aggravated Kidnapping if the victim was under  13-years-old and the defendant committed one of these offenses: 

∙ sexual battery against the child 

∙ aggravated child abuse 

∙ human trafficking 

∙ lewd or lascivious battery 

∙ exploitation of the child. 

Aggravated Kidnapping is a life felony with a mandatory minimum of 30-years to  life in prison. A kidnapping case may also bring federal charges. 

Defense Against Kidnapping Charges 

There can be layers of charges in a kidnapping case, depending on the 

circumstances. Since anyone of these charges can result in long stretches in  state prison, it’s vital to be represented by an aggressive criminal defense  attorney. 

Courts have ruled that prosecutors can only bring Kidnapping charges under  certain circumstances. Prosecutors often overreach, piling on the charges and  potential prison time, for example, by including Kidnapping charges in a case of  an alleged assault. They use the prospect of more prison time as leverage to  persuade a defendant to plead guilty so that they can avoid the expense and  uncertainty of a trial. 

You need an attorney who understands the system and knows the best way to  use it to your advantage. An experienced and aggressive criminal defense  attorney will challenge the prosecution at every turn to make sure that your  rights are protected. If you face criminal charges in Florida, call (407) 349-4211 for a free consultation with the Orlando criminal defense attorneys at the Rivas Law firm.


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