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Kidnapping is the act of unlawfully taking an individual without their consent by fraud or force. Although the crime is typically thought of in terms of strangers, family members can be charged with kidnapping as well. In the instance that a parent without custody takes a child without consent, this is known as parental kidnapping.

To qualify as kidnapping, one of five criteria must be met: The individual taken receives emotional or physical abuse, the individual is held at ransom, the individual is held as a hostage, the kidnapping allows the completion of an outside felony, or the kidnapping disrupts any sort of government function.

Kidnapping can be very severe, especially if tried at a federal level. This would be the case if the taken individual was transported over state lines. Especially at the federal level, FBI could potentially become involved and punishments could reach heavy prison sentencing. So, for all kidnapping instances, it’s important to get a criminal defense lawyer involved. BMB Law Firm would explore some of the following defenses for clients accused of kidnapping:

Consent of the Victim Lawful Taking Double Jeopardy
Mistake of Fact Failure to Present all Elements

Contact us today if you or anyone you know has been accused of kidnapping. Our expert legal staff will construct the defense you need to overcome a kidnapping charge. For any legal questions or inquiries regarding representation, give us a call today.

nj criminal law

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