Understanding Kidnapping Charges

Often times when we picture kidnapping, we envision a "bad guy" kidnapping a child off the street or an heiress for the purpose of obtaining a ransom; however, real life isn't always portrayed accurately in the cinema. Believe it or not, kidnapping charges frequently involve someone that the victim knows intimately such as a family member, a partner, or even a spouse. While it may seem as if you can't technically kidnap your own family member or your own wife, under the eyes of the law, you certainly can.

In the Florida Statutes, the criminal offense of kidnapping is covered under Section 787.01 Kidnapping; kidnapping of child under age 13, aggravated circumstances.

Under §787.01 (1)(a), kidnapping is defined as forcibly, secretly, or by threat of confining or abducting, or unlawfully imprisoning someone against their will and without the legal authority with the intention of:

1. Holding the victim for a ransom;
2. Committing any felony;
3. Terrorizing the victim or inflicting injuries;
4. Interfering with a government investigation; and
5. Confining a child below the age of 13 without a parent's or guardian's consent.

Anyone who kidnaps a person in Florida is guilty of a felony of the first degree, which is punishable by up to 30 years in prison, or a $10,000 fine, or both.

Aggravating Factors Under Section 775.084

Kidnapping is a more serious offense when the offense involved kidnapping a child under the age of 13 under any of the following circumstances:

1. While committing aggravated child abuse;
2. Sexual battery against a child;
3. Lewd or lascivious battery, lewd or lascivious molestation, conduct or exhibition;
4. While in violation of §796.03 or §796.04 involving prostitution upon the child; or
5. Exploitation of the child or while allowing the child to be exploited.

Anyone who commits kidnapping while committing any of the acts contained in 1 through 5 commits a life felony.

Kidnapping: Real Life Scenarios

At the Law Office of Michael Mirer, P.A. we handle all levels of misdemeanor and felony crimes, with kidnapping offenses being one of the most serious types of charges that we handle. Whenever you are facing first degree felony charges, your future and your freedom are gravely at stake. This is one of the most serious offenses that anyone can be charged with and it must be handled very carefully, and by a skilled and aggressive defense lawyer such as our lead attorney, Michael Mirer.

Attorney Michael Mirer formerly worked as a State Attorney for Miami-Dade County, during which time he prosecuted all levels of crimes, and he was ultimately appointed to the Career Criminal Robbery Unit. Over his career, he has personally handled more than 100 trials and he has experienced countless successful case results in the capacity as a domestic violence attorney. Professionally, he is a member of the Florida Bar, the United States District Court for the Southern District of Florida, the middle district of Florida and the United States Supreme Court.

Tragically, a number of kidnapping cases are tied into domestic violence cases. Even if you are married to someone or in a relationship with them, you still can't hold them somewhere against their will, or abduct them and take them someplace without their consent, or forcibly take them someplace against their will in order to interrupt or impede an investigation, nor can an abusive spouse or partner terrorize their victim or inflict injuries upon them while holding them or restraining them against their will.

We understand that you may not be guilty, and even if you technically are, there may be a lot more to the story than what the prosecutor is aware of. Let us defend your criminal charges, don't hesitate to contact us today!