Minnesota Kidnapping Defense Attorney
Kidnapping is one of those strange crimes that happens a lot more than most people realize. We tend to think of kidnapping as an action-packed ordeal with masked criminals, guns, and million-dollar ransom. Or possibly as the beginning of a more heinous crime that does not involve money. And it’s true, this kind of violent crime is reasonably rare.
First vs Second Degree Kidnapping
However, what most of us think of as kidnapping is actually only first-degree kidnapping. An extreme felony crime that almost always ends in violence. Second-degree kidnapping, on the other hand, happens all the time.
Second-degree kidnapping occurs any time someone is transported or held against their will. Or any time a child is transported or held without the consent of their parent. But these situations are rarely the stuff of action movies. In most cases, they are parents in the middle of a custody dispute or relatives of teens who don’t want to go home. It’s very common to find ‘victims’ and their ‘kidnappers’ eating pizza and watching movies together.
You might also be surprised to learn that many charges of kidnapping are dropped before they even make it to trial. More are dropped as evidence is revealed during trial. And a few are dropped as the person who filed a kidnapping report recants their statement.
If you have been charged with kidnapping, this can be a very frightening situation. Especially if you are one of the many people whose situation is more complicated than criminal. Today, we’re here to talk about four of the leading defenses you can build against a charge of kidnapping. And, if the defense is available quickly enough, you might not even have to go to court. A judge may be able to acknowledge your circumstances and dismiss the case whole-cloth.
Let’s take a closer look.
Consent: The ‘Victim’ Gave Their Consent
The most interesting and often-relevant points of a kidnapping defense is that for kidnapping to occur (with adults), the kidnapping must be unwilling. Even if all the other pieces line up to look like a kidnapping, if the kidnappee joined you willingly and you have not been keeping them from leaving with force or coercion then no kidnapping has occurred.
Let’s say you’ve recently reconciled with your ex, but the break-up was messy. They decide to spend the weekend with you, but fail to tell friends and family where they’ll be. You turn your phones off to enjoy each other’s company and a worried mother or best friend calls the cops. Instead of filing a missing persons, they accuse you of kidnapping because of the messy breakup.
This would be the right time for a consent defense.
Mistake: It Was All a Big Misunderstanding
However, the consent defense only works for kidnapees over the age of 18 are not able to give their consent, even if they are willing and happy with the person who ‘kidnapped’ them. For minors, kidnapping or child abduction is considred any act that takes children away from their parents or legal guardians without consent. The most common form of child abduction is by a parent, usually around the time of a divorce.
Desperate or vindictive parents often try to steal their own children and hide them to keep them away from a spouse. But sometimes, there really is just a misunderstanding. Divorce custody terms can be complex and hard to understand. Failing to meet a custody hand-off is not always malicious, sometimes just a scheduling error. And picking the kids up from school when it’s not your day can scare the bejeezus out of your ex, and they might just call the cops to accuse you of kidnapping. But if the issue really is just a simple misunderstanding with no malice or desire to hide the kids, then the court will be inclined to waive the case because there is no real crime.
If your spouse is out to get you with malicious accusations of kidnapping, possibly peppered with falsehoods as divorce-aftermath often is, then this is another legal issue you’ll need to prepare for.
Coercion: You Were Forced to Kidnap by a Third Party
Another strong defense for kidnapping, even of a violent or ransom-demanding nature, is that you were forced to do so. The law does it’s best to identify not just the actors of the crime, but the actual criminals behind it. It is absolutely possible for a criminal ‘mastermind’ to force an otherwise good, law-abiding person to kidnap. And if this is the case, the legal system is obligated to hold that person responsible.
If you did kidnap someone, but were forced to do so through blackmail, threats, or other forms of coercion then you need to tell this to your defense lawyer. This is a very important fact that could not only overturn your kidnapping charge, it can also help the authorities find the real criminal behind your coercion and the kidnapping.
Insanity: You Were Too Crazy to Know What You Were Doing
Finally, there is the defense that is available for every criminal case – Insanity. And believe us when we say that crazy people have kidnapped before and some crazy person will likely kidnap again. The problem is that being mentally unstable doesn’t actually render people physically incapable. Someone with severe schizophrenia, for example, might experience voices telling them to kidnap.
Many people who suffer derangements also tend to fixate on people, either normal people in their lives or celebrities at a distance. If a dangerous fixation starts, kidnapping can be the result, and often with a crazy-but-friendly intent. Like to convince a starlet to fall in love or to ‘save’ a neighbor from alien invasion.
If your case is ruled on the insanity plea, you will likely face many years of mental correction and will lose credibility in the world of law, finance, and business. That said, temporary insanity may also be argued. Particularly if it relates to a medical condition or a medication that as since been stopped.
Contact Kevin DeVore Today To Speak To An Attorney
These for defenses by no means cover all possible kidnapping cases, but the vast majority of kidnapping cases can be defended by one of the four. Admittedly, usually just the top three. Those that remain are usually very complicated issues involving children or teens who have run away or been removed by a non-guardian from a dangerous situation. If this sounds more like your case, check out this blog instead. For more insights into kidnapping defenses or to consult on your unique case, contact us today. The DeVore Criminal Defense team is here to help you in any way we can.
Posted 7th February 2019 by DeVore Criminal Defense