Top Defenses to a Kidnapping Charge in St. Paul, Minnesota

Like most criminal offenses, kidnapping is a serious crime that carries severe penalties in St Paul, Minnesota. It mostly occurs when a person is taken against their will. However, the charge can end up being classified as false imprisonment if the victim is confined in another location against their will.

That said, the stringent penalties associated with kidnapping make it imperative to have the charges quashed or dropped altogether. This is made possible by certain common defenses, which your attorney can invoke to the effect that they exonerate you or impeach the credibility of the prosecution’s evidence.

Here is a breakdown of the top defenses to a kidnapping charge in St Paul, Minnesota.

Understanding a Kidnapping Charge

In order for the prosecution to proceed with a kidnapping charge against you, there are certain elements -which fit the definition of “kidnapping”- that must be satisfied. Minnesota Statutes Chapter 609, under section 609.25, provides for this definition and the relevant penalties associated with the charge.

Put briefly, the statute defines kidnapping as holding someone or taking a victim from one place to another without their consent to:

• Facilitate the commission of a felony
• Hold them for ransom or reward for release
• Commit bodily harm to the victim
• Hold in involuntary servitude

Based on the statutes’ definition, the primary element that ought to be satisfied must be “lack of consent,”- which is the basis of kidnapping.

Potential Defenses to a Kidnapping Charge in St Paul, Minnesota

Apparently, the law isn’t always against the accused. This is because the criminal justice system provides a leeway for any criminal offender to dispute the charges by proving that they are innocent. What’s more, to say that you are guilty even if there is merit to the charges against you is a huge mistake.

You can still avoid conviction or penalties by raising the following defenses in your case:

Consent

Put simply, a kidnapping charge is void if consent is proved. This is because an offender commits the offense of kidnapping by taking the victim against their will. Therefore, even if certain circumstances line up to look like a kidnapping, it would be against the provision of the governing statute to prosecute if the alleged victim joined willingly.

That said, with the help of your defense attorney, you can invoke the defense of consent at any time during the trial to prove that no form of coercion occurred.

Insanity

This is a common defense in most criminal cases. A defense attorney can invoke this defense when they have reasonable belief that the offense was committed in a mentally unstable condition.

Put briefly, you’ll need to convince the court that you have a mentally unstable condition such as schizophrenia that may have prompted you to do the heinous acts. However, this is not an easy task because the prosecution may point out some circumstances that indicate that you committed the offense while in a lucid state. Therefore, you’ll need the help of an attorney to invoke this defense properly.

Also, it is imperative to note that a case ruled on the insanity plea doesn’t guarantee you all the liberty you deserve. Instead, you may face many years of mental correction, which will inadvertently affect your livelihood.

Coercion

An offense committed under coercion can be challenged in court. Coercion takes many different forms and will need to be identified from the onset of a case in order to avoid a guilty charge.

Quite frankly, your kidnapping charge can be overturned if you can provide sufficient proof that you were forced to do so through blackmail or threats. And if this is the case, you can help the authorities identify the perpetrators or the actual mastermind behind the kidnapping.

Facing Kidnapping Charges in St Paul, Minnesota?  Contact a Lawyer

A kidnapping charge in St Paul, Minnesota, can have severe implications on your life. The penalties associated with kidnapping and other factors may impede you from accessing prospective opportunities in the future.

Therefore, it would be in your best interest to hire a criminal defense attorney who can leverage your rights and protect your interests during the trial. Contact DeVore Criminal Defense attorneys today for a free case evaluation.