My Ex Filed Kidnapping Charges Against Me in Nevada – What Should I Do?

Having your ex file kidnapping charges against you can be an incredibly stressful and frightening situation. However, there are steps you can take to protect yourself and your rights. This article will provide an overview of kidnapping laws in Nevada, possible defenses, and practical advice if you find yourself in this situation.

Understanding the Kidnapping Laws in Nevada

In Nevada, the crime of kidnapping is defined under NRS 200.310. The law states that kidnapping involves willfully seizing, confining, concealing, or carrying away another person against their will. This can include taking someone out of state without permission. Kidnapping charges can range from a category B felony to a misdemeanor depending on the circumstances.

Some key things to know about Nevada’s kidnapping law:

• There must be an element of forcibly detaining the victim against their will. If the alleged victim willingly went along, it may not qualify as kidnapping.
• The prosecution must prove the intent to hold the victim for an unlawful purpose such as ransom, sexual assault, robbery, or to inflict harm.
• Taking a child without the other parent’s permission can potentially be charged as kidnapping, especially if it violates a custody order.
• Even taking your own child can be considered kidnapping if it was done to conceal them from the other parent or the court[2].

So in Nevada, kidnapping charges could potentially apply in messy custody disputes – even if you believed you were protecting your own child.

Common Defenses Against Kidnapping Charges

If you’ve been accused of kidnapping, there are several legal defenses that your criminal defense attorney may use to fight the charges:

Lack of criminal intent – As mentioned above, the prosecution has to prove you intended to detain the victim for an unlawful purpose. Your lawyer may argue you had no criminal intent. For example, you took your child on vacation out of state not to conceal them, but because you mistakenly believed you had permission.

No use of force – If the alleged victim voluntarily went with you, your attorney can argue no kidnapping occurred because you didn’t use physical force or coercion. However, threats of force could still potentially lead to charges.

Protecting a child – In Nevada, you may have a legal defense to kidnapping if you can prove you were protecting a child from abuse or a domestic violence situation[3]. But it’s essential to follow the proper steps.

Mental condition – Your lawyer could potentially argue you lacked the mental capacity to form criminal intent due to mental illness, mental disability, or even intoxication.

False accusations – If your ex is making false kidnapping allegations out of malice, your attorney will work to expose the lack of evidence and credibility.

While these defenses can be effective, it’s critical to have an experienced criminal defense lawyer make the arguments on your behalf. Never attempt to defend yourself pro se against felony charges.

What To Do If You’ve Been Charged with Kidnapping

If you are facing kidnapping charges in Nevada, here are some steps to take immediately:

• Remain silent – Do not try to explain your side of the story to police. You have the right to remain silent. Anything you say can be used against you.
• Hire a criminal defense lawyer – An experienced lawyer is critical to build your defense and negotiate with the prosecution. Public defenders are an option if you cannot afford private counsel.
• Follow court orders – If you are released, follow all conditions set by the court to avoid additional charges. This could include staying away from the alleged victim.
• Gather evidence – Work with your lawyer to gather anything that could help your case – texts, emails, voicemails, photos, receipts, etc. Evidence of domestic violence or child abuse may also help your defense.
• Get character references – Ask people who know you well to write letters vouching for your good character to help at sentencing if convicted.
• Consider plea bargains – Your lawyer may negotiate with the prosecution to get charges reduced or dropped through a plea deal. But avoid accepting any deal without your lawyer’s advice.
• Prepare your finances – Kidnapping charges can lead to expensive legal fees and possibly fines. Notify your employer and prepare finances for your legal defense.
• Seek counseling – The stress of being charged with a crime can take a mental and emotional toll. Seek counseling and lean on your support system.