Kidnapping charges are defined under the Texas Penal Code Sec. 20. The term kidnapping is defined as knowingly or intentionally abducting another by confining them with the intent to prevent their liberation. Alternatively, kidnapping can be when a victim is transported and restrained without their consent
An aggravated kidnapping charge has enhanced penalties because it is considered a “crime of violence”. 18 U.S. Code § 16 defines a crime of violence an offense that has an element use, attempted use, or threatened use of physical force against a person.
After a charge for aggravated kidnapping, contact an experienced criminal defense attorney for federal crimes before making any statement.
Aggravated Kidnapping Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Aggravated kidnapping is a serious offense. If convicted, the defendant may face a felony charge. Felony charges can affect your personal life, professional endeavors, and basic civil rights. Because of this, it is imperative that you seek aid from a criminal defense attorney.
The attorneys at the Law Offices of Richard C. McConathy will aggressively fight for you. We strive to give our clients the utmost care and attention. If you or a loved one has been charged with aggravated kidnapping in the Dallas-Fort Worth Metroplex area, contact us for legal consultation.
Our attorneys fight kidnapping and other related charges throughout the greater Dallas area. We have offices all over the North Texas area including Denton, Plano, Fort Worth, Allen, and Dallas, TX.
Call (972) 233-5700 for one-on-one attention on your case today.
What constitutes Aggravated Kidnapping under Texas Law?
Under Texas Penal Code Sec. 20.04, an individual can be charged with aggravated kidnapping if they knowingly or intentionally abducted another person with the intent to:
- Hold the person for ransom or reward;
- Terrorize the individual or a third person;
- Use the individual as a shield or hostage;
- Commit a felony or flee after the attempt or commission of a felony;
- Interfere with the performance of any governmental or political function; or
- Violate, sexually abuse, or inflict bodily injury on the victim.
In addition, the offender can be charged with aggravated kidnapping if he or she knowingly exhibited or used a deadly weapon during the commission of the offense.
Penalties for Aggravated Kidnapping in Texas
Aggravated kidnapping carries heavy penalties. Texas Penal Code Chapter 12 states the general consequences of an aggravated kidnapping conviction. Possible penalties are:
- A felony of the first degree, which can result in incarceration with a maximum of life imprisonment and a possible fine up to $10,000; or
- If the alleged offender can prove in a court of law that they voluntarily released the victim to a safe place, the conviction for an aggravated kidnapping can be reduced to a felony of the second degree. This charge can result in a maximum prison sentence of twenty years, and a possible fine up to $10,000.
Additional Resources
Texas Penal Code: Chapter 20. Kidnapping – Visit the Texas Penal Code to read specific statutory language regarding aggravated and standard kidnapping. Read more about the conditions, penalties, and other offenses against a person, such as unlawful restraint and smuggling of persons.
Dallas Woman Sentenced to Federal Prison in Violent Kidnapping – Visit the United States Attorney’s Office for the Northern District of Texas website and learn about a Dallas, Texas, woman, Melissa Trevino, 23, who was convicted to 210 months in federal prison for her involvement in an attempted kidnapping. Learn more about the specifics of the case, and how this violent kidnapping was handled by law enforcement and in court.
Find A Dallas County Defense Attorney for Aggravated Kidnapping Charges | Law Offices of Richard C. McConathy
Kidnapping is a serious offense that may result in a felony charge. The penalties for aggravated kidnapping heavily lean on intent, so a sturdy legal defense is necessary. It is crucial that you remain silent with law enforcement and seek advice from a criminal defense attorney.
Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
Having a plan is as simple as submitting an online contact form or dialing (972) 233-5700. Do not let this charge take over your life. Contact the attorneys at the Law Offices of Richard C. McConathy today.