Federal Defense Against Kidnapping Charges in Boston Court

Federal Defense Against Kidnapping Charges in Boston Court

Being charged with kidnapping is scary. It’s a serious crime that can lead to years in prison. But if you’ve been accused of kidnapping, don’t panic. There are defenses. I talked to some Boston lawyers to find out how federal kidnapping charges work and what defenses you can use. Keep reading this article to learn more.

How Federal Kidnapping Charges Work

First, let’s go over the basics. Kidnapping is when you unlawfully restrain someone and move them. It’s a federal crime if you transport the victim across state lines. The penalties are harsh. Just being charged with federal kidnapping means mandatory minimum sentences of 20 years to life in prison. Yikes!

But here’s the thing — federal kidnapping charges have specific elements that must be proven. That gives the defense chances to get charges dismissed or reduced. Keep reading to learn about common defenses against federal kidnapping charges.

Unlawful Restraint vs. False Imprisonment

One defense is arguing there was no “unlawful restraint.” This means the victim voluntarily went with you or wasn’t actually confined against their will. Your Boston defense lawyer can argue it was just “false imprisonment,” which is less serious. There’s a case where a mom was charged with kidnapping her own daughter. But the court said she had custody rights, so it was just false imprisonment.

Lack of Intent

Another defense is you lacked intent to kidnap someone. Your lawyer can argue you had no plan to confine the victim. Maybe it was spur of the moment during a fight. Or you were under duress. There was a case where a bank robber forced a customer to drive him away. His federal kidnapping charge was dismissed because he had no plan to abduct her — it was just to escape the robbery.

No Interstate Transport

A key element of federal kidnapping is transporting the victim across state lines. So if you’re charged federally, your defense lawyer will look closely at the interstate transport evidence. If the victim never left the state, your Boston lawyer can argue there’s no federal jurisdiction. Then the case may get kicked to state court with lower sentences.

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Parental Kidnapping Defenses

When parents take kids across state lines, it can lead to federal kidnapping charges. But there are defenses. Your lawyer can argue you had custody rights or were protecting the child from harm. There are cases of dismissed charges when:

• A mom fled with her daughter to escape domestic violence.
• A dad took his son across state lines to get mental health treatment.

So talk to your Boston defense lawyer about parental rights defenses.

Duress and Coercion Defenses

If you aided a kidnapping under threat, your lawyer can argue duress. Like in a case where a woman helped hide a kidnapping victim after being threatened. Charges against her were dismissed because she acted under duress.

Your lawyer can also argue you were coerced into assisting. For example, abused spouses can have kidnapping charges dismissed when evidence shows coercion by their partners.

Mental Health Defenses

Your Boston defense lawyer may argue you lacked mental capacity to intend kidnapping. Defenses like insanity, diminished capacity, or mental disability can show you weren’t responsible.

In one case, a woman assisted in kidnapping her own grandkids. But she had mental disabilities and got manipulated by others. Charges against her were dismissed.

Plea Bargains

Many federal kidnapping cases end in plea deals. This avoids harsh minimum sentences. Your Boston lawyer will negotiate with prosecutors, using defenses to get charges reduced.

Plea deals can lower sentences to just a few years. There are cases where kidnapping pleas led to only 1-2 years prison.

Bottom Line

So don’t panic if you’re accused of federal kidnapping. Meet with a defense lawyer right away. Use defenses like lack of intent, no interstate transport, duress, and mental capacity. Explore plea bargains. You have options. With an experienced Boston attorney, you can fight kidnapping charges.

References

Federal Kidnapping Lawyers in Boston, Massachusetts
Boston Kidnapping Defense Lawyer
Kidnapping Defense Attorney in MA
Kidnapping – Boston Criminal Lawyer
Boston Massachusetts Kidnapping Lawyer
Kidnapping | Boston Crime Lawyer