Frisco, TX Kidnapping Defense Attorneys

Skilled Lawyers Defending Clients Against Kidnapping Charges in Frisco, Texas

There are a variety of reasons a person could be charged with kidnapping in Texas. While the word "kidnapping" often brings to mind dramatic abduction scenarios, many cases are actually based on family conflicts, including child custody disputes. Texas law does not require that a person cross state lines or physically harm someone to be charged with kidnapping. The penalties for kidnapping can be serious, and those who are accused of this offense will need to make sure they have legal representation from a skilled lawyer.

At Barbieri Law Firm, we can provide experienced legal help for people in Frisco and the surrounding areas who have been charged with kidnapping or aggravated kidnapping. These cases can be highly emotional, and they may involve complex factors, especially when they involve family members or issues related to child custody. Our attorneys work closely with our clients to ensure that we fully understand the circumstances of a case. We will work with clients to evaluate all legal options and help them take steps to protect their rights as they defend against criminal convictions.

What Is Kidnapping Under Texas Law?

According to Texas Penal Code Section 20.03, a person can be charged with the offense of kidnapping if they intentionally abduct another person, including a child or adult. An abduction may involve holding or restraining a person through the use of force or threats or keeping the person in a place where they are unlikely to be found. Kidnapping is a third-degree felony, and it may be punishable by a prison sentence lasting from two to 10 years in prison and a fine of up to $10,000.

What Is Aggravated Kidnapping?

Under Texas Penal Code Section 20.04, kidnapping charges may be elevated to aggravated kidnapping when certain factors are present. A person may face aggravated charges based on accusations that they have abducted someone while using a deadly weapon or while intending to:

• Hold the victim for ransom
• Use the victim as a hostage
• Inflict bodily injury on the victim
• Commit sexual abuse against the victim
• Terrorize the victim or another person
• Interfere with a governmental or political function

Aggravated kidnapping is generally charged as a first-degree felony, with a potential prison sentence that may last from five to 99 years. However, if a person can show that they voluntarily released the victim in a safe place, the charge may be reduced to a second-degree felony, with penalties ranging from two to 20 years in prison.

Family Disputes and Parental Kidnapping

Many kidnapping cases do not involve strangers but instead are based on disputes within families. These cases may involve parents, stepparents, grandparents, or other relatives who take or hold a child during a conflict over custody or visitation rights. A parent may be charged with kidnapping if they take a child without the legal authority to do so, even if they believe they are acting in the child's best interest.

Situations that may lead to kidnapping charges within families include:

• A parent failing to return a child to the other parent after their scheduled visitation time
• A relative taking a child during a disagreement with the child's legal guardian
• A parent attempting to relocate to a new city or state with a child despite a court order prohibiting them from doing so
• A parent taking a child and refusing to tell the other parent where the child is being held

These cases may involve misunderstandings or legal gray areas related to custody agreements. However, any situations where a parent or other family member is accused of holding a child in violation of a legal child custody order could lead to serious criminal charges.

Potential Defense Strategies for Kidnapping Charges

The attorneys at Barbieri Law Firm work to ensure that clients who have been charged with kidnapping can address these charges correctly and defend against convictions. The potential defenses may depend on the relationships between the parties, the circumstances of the alleged abduction, and a person's intentions. Options for defense may include:

• Affirmative Defense for Family Members: Texas law provides an affirmative defense in certain family-related kidnapping cases. If a parent or relative took a child with the intent to assume lawful control of the child and did not use deadly force, this defense may apply. Our lawyers can present evidence to show that our client was acting to protect a child or resolve a custody dispute rather than intending to commit a criminal offense.
• Consent of the Alleged Victim: In some cases, the person alleged to have been kidnapped may have willingly gone with the accused. If there is evidence of consent, the prosecution may have difficulty proving that an abduction occurred.
• Lack of Intent: Kidnapping requires an intentional or knowing act of abduction. Our attorneys may demonstrate that the accused did not intend to abduct the person.
• Mistake of Fact: In family cases, a person may reasonably believe they had lawful authority to take a child. Our lawyers may demonstrate that the accused believed that they were acting in compliance with a custody arrangement.

Contact Our Frisco, Texas Kidnapping Defense Lawyers

When facing charges of kidnapping or aggravated kidnapping, it is essential to speak with a defense attorney immediately. A conviction could result in a sentence of years or decades in prison, and accusations could damage your reputation and relationships. The lawyers at Barbieri Law Firm can advise you of your legal options, and we will begin building a defense to help you avoid a criminal conviction. Contact our Frisco kidnapping attorneys at 972-424-1902 for a free consultation.