Being accused of kidnapping is a terrifying situation that can turn your world upside down. The mere allegation can instantly shatter your reputation, put immense strain on your relationships, and potentially lead to decades behind bars. You need a powerhouse Bryan kidnapping lawyer in your corner, fighting tirelessly to protect your freedom, livelihood, and future.
Whether it’s a stranger snatching a child off the street or an estranged parent abducting their child to deny the other parent custody, kidnapping is a serious crime that is punished by severe consequences. If you have been accused of kidnapping in Bryan, Texas, an experienced criminal defense lawyer can be a valuable advocate.
Why Choose the Law Office of Shane Phelps?
With decades of experience, Shane Phelps Law. understands what it takes to get the best results possible in various types of cases, including violent crimes. Our seasoned Bryan criminal defense attorneys understand the gravity of facing kidnapping charges and the profound impact they can have on your life. We know you are likely feeling scared, angry, overwhelmed, and uncertain about what lies ahead. Let our legal team be the calm amidst the storm.
The accusations alone are serious, but a conviction could devastate several lives. Don't risk a sub-par legal defense. Get the skilled representation you deserve from attorneys solely focused on securing the best possible result. We've helped many clients navigate similarly high-stakes cases, and we have the experience to aggressively defend you. Call our Bryan, Texas, office to schedule a free case review at 979-773-7028.
Facing charges for kidnapping? Our attorney can help navigate Texas kidnapping laws. Call today!
Penalties for Kidnapping under Texas Law
In Texas, kidnapping is considered a felony offense that is harshly penalized under the Texas Penal Code. Charges and penalties depend on the circumstances of the alleged crime.
Even the most minimal kidnapping charge of third-degree felony kidnapping can lead to 2-10 years in prison and up to $10,000 in fines if convicted. Under Texas state law, a person commits an offense of third-degree kidnapping if he or she intentionally or knowingly abducts another person if (1) abduction is committed with an intent to use or threaten to use deadly force, (2) the abducted person is a relative of the offender, or (3) the sole intent of the offender is to assume lawful control of the victim.
First-degree kidnapping is considered aggravated kidnapping when the crime includes the intent to do the following:
- Hold person for ransom or reward.
- Use person as a shield or hostage.
- Facilitate a commission of a felony or the flight after the attempt or commission of a felony.
- Inflict bodily harm or sexual abuse.
- Terrorize the kidnapped person or a third party.
- Use or exhibit a deadly weapon during the crime.
- Interfere with government performance or political function.
First-degree kidnapping is punishable by a prison sentence ranging from five to 99 years and a fine of up to $10,000.
However, the penalties for aggravated kidnapping may potentially be reduced to a second-degree felony if the defendant can provide evidence at the punishment phase of the trial that they voluntarily released the victim in a safe place. A second-degree felony kidnapping conviction carries a prison sentence of between 2-20 years and up to a $10,000 fine.
Regardless of degree, kidnapping is a very serious charge in Texas with harsh punishments that can deprive someone of years or decades of their freedom. When your entire future is on the line, having a relentless defense lawyer is imperative.
You need an advocate who will leave no stone unturned in scrutinizing the prosecution's case, challenging the allegations, and tirelessly working to get you the best possible outcome. Whether that's outright dismissal or a favorably reduced sentence.
How a Lawyer Can Help Prepare a Kidnapping Defense Case
At Shane Phelps Law, we have earned a reputation for our comprehensive, client-focused approach to even the most serious criminal cases like kidnapping. From the moment you enlist our services, we will promptly launch a thorough independent investigation into the claims against you. Our seasoned legal team will:
- Carefully examine all evidence, statements, and police procedures for any inconsistencies or rights violations that can be leveraged in your defense.
- Question the credibility and motivations of any accusers or witnesses.
- Hire expert witnesses and use the latest forensics technology when needed to counter the prosecution's arguments.
- Fight aggressively to have charges reduced, dismissed, or earn an acquittal at trial by rigorously applying our insights into Texas kidnapping statutes.
- Advocate fiercely for your freedoms, rights, and interests at every stage of court proceedings.
We realize how shocking and disruptive a kidnapping charge can be. Our compassionate attorneys will walk you through the process, address your concerns, devise a personalized legal strategy, and serve as your unwavering support system during this difficult time.
No matter how dire the allegations against you may seem, our firm stance is that you remain innocent until proven guilty. We will battle relentlessly to uphold that presumption of innocence and clear your name.
Not All Kidnapping Cases Are Cut and Dried
In some instances, overzealous prosecutions ignore critical nuances and attempt to shoehorn complex situations into a "cut and dry" kidnapping case narrative. We are skilled at demonstrating the reasonable defenses and gray areas that exist, such as:
- Parental kidnappings stemming from custody/visitation disputes and misunderstandings over the bounds of established custody arrangements.
- Actions taken under a mistaken interpretation of rights or obligations as a parent or legal guardian.
- False allegations fueled by personal vendettas, custody battles, or other motives.
- Consent of the involved parties that negates a kidnapping claim.
- No actual asportation or abduction took place as defined under Texas laws.
- Mere presence during a crime and lack of evidence proving knowledge and intentional participation.
We will juxtapose the prosecution's claims against the reality of your specific situation and fight to prevent a momentary lapse in judgment from destroying your life.
Kidnapping Charges FAQ
What are the penalties I could be facing if convicted?
Depending on the degree of kidnapping charge, you could face anywhere from 2-10 years for a third-degree felony up to 5-99 years for aggravated first-degree felony kidnapping, plus potential fines up to $10,000.
What arguments could resolve this matter favorably?
Possible defenses include challenging the prosecution's evidence and procedures, questioning accuser credibility, demonstrating misunderstandings or lack of intent, or providing proof of voluntary safe release of the alleged victim.
How can I protect my rights during the investigation?
Invoke your right to remain silent, have an attorney present during any questioning, and allow your lawyer to handle all interactions with investigators to ensure no violations of your constitutional rights.
Do I have any grounds for getting my charges dismissed or reduced?
With a strong legal defense highlighting factors like consent, parental rights issues, false allegations, or lack of evidence proving the legal requirements for kidnapping, there may be grounds for dismissal or reduction of charges.
Contact Shane Phelps Law for a Confidential Consultation Today
A kidnapping charge must be taken with the utmost gravity and urgency. The time to begin building your defense is now before any more damage is done. Our respected criminal defense attorneys are available 24/7 to provide personalized guidance and counsel during a free, completely confidential consultation.
We understand that you are in crisis mode and overwhelmed with questions. Let us analyze the nuances of your case, explore all your available defenses, and formulate a strategic plan of action to preserve your freedoms. Your future is too important to entrust to an inexperienced lawyer. Our proven team has what it takes to fight for you.
If you or someone you love has been accused of kidnapping in the Bryan area, pick up the phone and call Shane Phelps Law today. We will arrange a confidential consultation and help safeguard your rights and interests in the face of kidnapping charges. Call our Bryan, Texas, office to schedule a free case review at 979-773-7028 today or contact us online.
Accused of kidnapping? Contact us and request a free consultation today.