Miami, Florida Kidnapping Charges Attorney

Dedicated Lawyer Working to Defend People Charged With Kidnapping in Miami

Kidnapping is a serious criminal offense that can lead to severe penalties for those who are convicted, including the possibility of life imprisonment in some cases. If you have been accused of kidnapping in Miami, it is crucial to seek legal counsel as soon as possible. The Hoffman Firm provides representation for people who are facing kidnapping charges, and we have the experience needed to challenge the prosecution's case and defend against a conviction. With our aggressive defense on your behalf, you can be assured that you will be able to resolve your case successfully.

Understanding Kidnapping Under Florida Law

While people may think of kidnapping as someone being grabbed off the street and kept somewhere against their will, there are a number of different types of illegal actions that may be considered kidnapping. Florida Statute § 787.01 defines the offense of kidnapping, and while forcibly abducting someone will qualify, other actions, such as secretly keeping a person confined or imprisoned against their will, could also lead to kidnapping charges. In general, a person may be charged with kidnapping if they have one of the following specific intents:

• Holding a person for ransom or keeping them as a hostage
• Abducting or imprisoning someone while committing another felony
• Inflicting bodily harm on a kidnapping victim
• Terrorizing a person who is being abducted or held or another party
• Performing a kidnapping in order to interfere with government actions or political functions

Kidnapping charges can be especially serious if the alleged victim is a child under the age of 13. If a person confines a child against their will and without the consent of the child's parent or guardian, the penalties will become more severe.

Examples of Kidnapping Offenses in Florida

Kidnapping can occur in various situations, and examples of kidnapping-related offenses include:

• Parental Kidnapping: A parent may unlawfully take or confine a child in violation of a custody order or without the other parent's consent. This is one of the most common forms of kidnapping, and in some cases, a parent may not realize that they could face criminal charges because they did not turn over their child to the other parent when they were legally required to do so.
• Hostage Situations: Holding a person against their will in order to demand a ransom or negotiate with law enforcement could lead to kidnapping charges in addition to other offenses, such as assault.
• Kidnapping Using a Vehicle: Forcing a person into a vehicle and taking them to another location may be considered kidnapping, and a person could also face related charges such as carjacking.
• Human Trafficking: Abducting a person for the purpose of exploitation or forced labor is one of the most serious charges related to kidnapping, and human trafficking charges are likely to lead to increased penalties.

Penalties for a Kidnapping Conviction in Florida

Kidnapping is classified as a first-degree felony in Florida. If convicted, a person could face a sentence up to life imprisonment, and they may be required to pay fines of up to $10,000. Certain circumstances can escalate a kidnapping charge to a life felony, which will require a life sentence, and the maximum fine increases to $15,000. Kidnapping may be charged as a life felony in cases where the alleged victim was a child younger than 13 years old and the defendant is also accused of committing one of the following offenses against the child:

• Aggravated child abuse
• Sexual battery
• Molestation, battery, exhibition, or other conduct that is considered lewd or lascivious
• Compelling prostitution
• Child exploitation
• Human trafficking

Legal Defenses Against Kidnapping Charges

Our attorney can raise various defenses and help a person charged with kidnapping fight to prevent a conviction. Some common defenses include:

• Lack of Criminal Intent: We may be able to show that the accused did not intend to commit a kidnapping offense.
• Consent: The alleged victim may have willingly accompanied the defendant, and we may show that there was no force, threat, or deception.
• False Accusations: A charge may be based on false claims, which may arise during contentious child custody disputes or other personal conflicts.
• Insufficient Evidence: The prosecution may not have enough evidence to prove the elements of the crime beyond a reasonable doubt. We can help cast doubt on the evidence and demonstrate that a person should not be convicted.

Contact Our Miami, FL Kidnapping Defense Lawyer

When responding to charges of kidnapping, false imprisonment, or other violent crimes, legal representation is essential. At The Hoffman Firm, our Miami criminal defense attorney can protect your rights while helping you to build a strong defense. Contact our firm today at 305-249-0090 to schedule a free consultation and learn how we can help you.