Fighting Kidnapping Charges Aggressively on Behalf of Clients
Kidnapping charges are taken very seriously in Virginia, with the child’s protection being the law’s number one priority. However, this can sometimes mean that innocent people face criminal charges they do not deserve. When you are charged with kidnapping or any other crime, you also have constitutional rights that must be respected. If law enforcement officials or judges do not conduct themselves according to the law, your charges could be lowered or dismissed.
At Ashwell & Ashwell, we have spent decades helping people fight unfair criminal convictions. We have a deep understanding of the law based on our lead attorney’s years spent as a judge and a prosecutor. Our legal prowess gives us the edge you need as you seek a positive outcome in your kidnapping case. With so much at stake, you should not go it alone or hire an inexperienced attorney. Call our law offices today to schedule a free consultation at 540-386-1277.
What is Kidnapping Under Virginia Law?
Virginia law defines kidnapping or abduction as unlawfully detaining or concealing an individual against their will. This applies to unlawful seizing of another person, no matter their age.
Kidnapping or Abduction by a Stranger
Many cases where alleged kidnapping occurs are based on strangers who are accused of detaining or kidnapping another person to extort money or for prostitution. These charges are extremely serious and could result in a felony charge. You could face years in prison and thousands of dollars in fines if convicted. Call our legal team right away to get the defense you need in the face of such harsh penalties.
Parental Abduction
Another type of kidnapping case that commonly occurs in Virginia is when a parent illegally takes a child from their lawful guardian, which is usually another parent with whom they are having a custody battle. Virginia law demands that parents respect the custody plan, including visitation rights. If one parent prevents the other from exercising their parental rights, they could be charged with a misdemeanor. If the kidnapping parent takes the child out of the state, this could lead to felony charges. Get the help you need fighting your charges by calling our law offices today.
What Are the Penalties for A Conviction Based on Abduction Charges?
Kidnapping charges vary widely depending on the circumstances of the situation. For example, if you were engaging in a felony or yielded a deadly weapon while committing the abduction, you could face enhanced charges. On the other hand, if you are guilty of parental abduction but did not leave the state, you may only face misdemeanor charges.
Abducting a child under age 16 for the purpose of prostitution or the production of child pornography is considered a Class 2 felony. A conviction based on these charges could result in a lifetime in prison and up to $100,000 in fines. Parents who kidnap their children and take them outside of the Virginia border could face a felony charge with up to 10 years in jail and up to $2,500 in fines.
It is crucial to remember that being charged with a crime does not mean you will be convicted. Calling a trusted legal professional with extensive experience in criminal law is one of the best ways to fight your charges. You can also appeal a court decision if your rights were violated or if you uncover new evidence. Contact us immediately to get help navigating the investigation process and for aggressive attorneys who will fight for you in and out of the courtroom.
What Can I Do to Get My Kidnapping Charges Lowered or Dismissed?
Seeking legal advice is a critical first step when facing issues regarding kidnapping. Whether you are facing charges or if you believe someone has abducted your child, you need to take immediate legal action. You should reach out to a skilled kidnapping attorney right away to learn more about your rights as a parent and how to defend yourself against kidnapping charges.
Many people make the mistake of thinking there is no point in fighting a kidnapping charge when this couldn’t be further from the truth. You should take action now to protect your rights and ensure you don’t get the maximum sentencing. An attorney can help you answer police officer’s questions in a manner that minimizes the chances of incriminating yourself. They can also investigate the details of the incident to uncover the truth about what happened and provide evidence that gets your charges lowered or dismissed.
Some examples of defenses that can be effective against kidnapping charges include having the parent’s consent or that law enforcement officials arrested you by mistake. You may also provide evidence that you were acting under duress or were under threat of harm. Call our legal team right away to discuss your unique situation with our compassionate legal team and get the answers and representation you need at this critical time.
Should You Hire Our Kidnapping Attorneys?
With the many potential repercussions of a kidnapping conviction, it is never too soon or too late to reach out to a criminal attorney and prepare your defense. You need kidnapping lawyers you can count on with decades of experience defending clients. At Ashwell & Ashwell, you will find a team of highly skilled, experienced attorneys who understand Virginia law and will fight tirelessly for a favorable outcome in your case.
The criminal defense lawyers at Ashwell & Ashwell recognize that you are more than your criminal charges. We promise to investigate every detail, leaving no stone unturned as we uncover evidence to prove you deserve to have your charges lowered or dropped. Please don’t make the mistake of going it alone or looking to inexperienced attorneys at this challenging time. Call our law offices right away at 540-386-1277 to schedule your complimentary case review with our caring, capable legal team.
