Kidnapping in Florida is a serious felony. If you are facing charges of kidnapping in Florida, you should contact an experienced Criminal Defense Trial Attorney like Kenneth Padowitz, P.A. When people think of kidnapping, they think of acts such as abduction of a child or holding a person ransom. However under Florida law, kidnapping is worded very broadly and covers a wide range of acts.
(1)(a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
- Hold for ransom or reward or as a shield or hostage.
- Commit or facilitate commission of any felony.
- Inflict bodily harm upon or to terrorize the victim or another person.
- Interfere with the performance of any governmental or political function.
(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.
Elements the State Must Prove for a Conviction of Kidnapping
The State must prove beyond a reasonable doubt that the defendant had the required necessary intent. This intent element applies to holding the victim for ransom or reward, harming or terrorizing the victim or another person, facilitating or committing a felony, and interfering with the performance of any government or political function. The State also must prove beyond a reasonable doubt that the defendant used force, a threat of force, or acted to abduct, confine, or secretly imprison a person against his or her will. For the elements stated above, the State must prove that the defendant had no lawful authority to imprison, confine, or abduct the person.
Lesser Crimes Associated with Kidnapping
- False Imprisonment
- Aggravated Assault
- Attempted Kidnapping
- Aggravated Battery
- Simple Assault and Battery
Penalties for Conviction of Kidnapping
Punishable by up to life in prison, kidnapping is a First Degree felony. Fines up to $10,000 may be imposed as well. Penalties depend on the specific of the case. There are enhanced penalties for kidnapping a child who is under the age of 13. If there is permission from the child’s parent or legal guardian for the confinement, the defendant can use that as a defense.
Fort Lauderdale Criminal Defense Attorney
Broward Criminal Lawyer Kenneth Padowitz Provides A Strategic Criminal Defense
Fort Lauderdale Criminal Defense Attorney Kenneth Padowitz provides aggressive representation. Kidnapping is not only a serious offense under Florida state law, but may also be designated a Federal offense under certain circumstances, such as when the alleged victim is transported across state lines. South Florida Criminal Defense Trial Attorney Kenneth Padowitz is here to analyze your case and to strategically defend your rights, so do not hesitate to call our office today. Contact our law office for a free consultation.