Dallas Kidnapping Lawyer | Fighting Abduction Charges [2023]

Dallas Kidnapping Lawyer, Serving Dallas and Surrounding Areas

When people hear the word “kidnapping,” they often think of a dramatic scene in which a stranger is abducted and held for ransom. And while this would certainly constitute kidnapping in Texas, most kidnapping charges stem from far less nefarious circumstances. In fact, it’s not uncommon for kidnapping charges to stem from domestic situations involving parents and children, or couples.

Regardless of the circumstances, all kidnapping charges are taken very seriously by police and prosecutors in Dallas and the surrounding areas. If you or a loved one has been charged with kidnapping, your life just got very complicated and your freedom is in jeopardy. That’s why it’s imperative to contact an experienced, aggressive Dallas kidnapping lawyer as soon as possible.

In this article, our highly skilled criminal defense attorneys are going to discuss the types of kidnapping charges under Texas law, potential punishments, and what defenses may be available.

What constitutes kidnapping in Dallas?

In Texas, the offense of kidnapping is governed by Section 20.02 of the Texas Penal Code. A person commits the offense of kidnapping if he or she intentionally or knowingly “abducts” another person, which means restraining them with the intent to prevent their liberty by:

• hiding or holding them in a place where they or not likely to be found; or
• using or threatening to use deadly force.

What is considered aggravated kidnapping?

Kidnapping can be elevated to aggravated kidnapping when certain circumstances exist, such as using a displaying a weapon. Aggravated kidnapping also occurs when someone intentionally or knowingly abducts someone to:

• hold him or her for ransom or reward;
• use him or her as a shield or hostage;
• facilitate the commission of a felony or the flight after the attempt or commission of a felony;
• inflict bodily injury on him or her or violate or abuse them sexually;
• terrorize him or her or a third person; or
• interfere with the performance of any governmental or political function

What is the punishment for kidnapping in Texas?

Kidnapping is a felony that carries prison time, fines, and damage to records and reputation. The severity of punishment depends on the facts and circumstances of the case.

• Aggravated kidnapping is generally a first-degree felony punishable by 5 to 99 years in prison and a maximum $10,000 fine.

• If the defendant committed aggravated kidnapping, but released the victim voluntarily in a safe place, it is a second-degree felony punishable by 2 to 20 years in prison an a maximum $10,000 fine.
• Ordinary kidnapping is a third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine.

To find out exactly what you or a loved on is facing, contact an experienced Dallas kidnapping lawyer who can review the facts and circumstances of your case, explain the charges and potential punishments, and begin developing an aggressive defense.

Is kidnapping a crime of moral turpitude?

Kidnapping is considered a crime of moral turpitude, which means a conviction will make it particularly hard to move forward with your life. When a potential employer or landlord sees a conviction for kidnapping, it will raise a red flag, suggesting that you may be dangerous or untrustworthy. That’s why it’s imperative to retain a Dallas kidnapping lawyer who will do everything in his or her power to keep a kidnapping conviction off of your record.

What are some possible defenses to a kidnapping charge in Dallas?

There are many different defenses that may be available to you if you’ve been charged with kidnapping in Dallas. Some of the most common include:

• The alleged victim is related to you;
• You didn’t use or threaten to use deadly force;
• You were exercising a legal and valid right to control the alleged victim;
• You didn’t intend to prevent the victim’s liberty;
• The victim consented to being restrained;
• You were falsely accused;
• Prosecutors cannot prove that you committed the crime beyond a reasonable doubt.
• You released the victim in a safe place.

The first three defenses listed above are “affirmative defenses” to kidnapping, which means the law says you can’t be prosecuted if those were the circumstances/reasons for your conduct. When a defendant uses an affirmative defense, they admit to perpetrating the crime, but had a valid reason for doing so.

As you can surmise, the first three defenses listed above are mostly applicable to parents and guardians who are accused of kidnapping their own children when, in reality, they were trying to discipline or protect them.

If you or someone you love has been charged with kidnapping in Dallas or the surrounding areas, contact an experienced Dallas kidnapping lawyer as soon as possible to discuss possible defense strategies.

What is unlawful restraint?

Unlawful restraint is a lesser offense than kidnapping, which occurs when someone restricts a person’s freedom – unlike kidnapping, which occurs when someone is abducted. Because unlawful restraint is a state jail felony and a lesser charge of kidnapping, it is often used in plea bargain agreements in some Dallas kidnapping cases. Speak with a skilled Dallas kidnapping lawyer to see if this may be an option in your case.

Speak to a Dallas kidnapping lawyer today.

The consequences of a kidnapping conviction in Dallas are serious. Your freedom and reputation are at stake. Call today to speak with an experienced Dallas kidnapping lawyer. We will examine all of the facts and circumstances surrounding your case and work tirelessly to achieve the most favorable outcome.

If there is a weakness in the state’s case, we will find it and use it to your advantage. There is a reason people turn to us with the biggest problems in their lives. Call us today at 214-903-4000 for a free consultation with a Dallas kidnapping lawyer.