Need a Phoenix Arizona Kidnapping Lawyer? Contact David Michael Cantor if you have been charged with Kidnapping.
Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-1304 “Kidnapping” occurs when a person knowingly restrains another person with the intent to accomplish certain goals. These goals include: ransom; shield or hostage; slavery; purposes of a sexual offense, or to inflict death upon them. Most commonly it occurs during the course of commission of a felony (to keep a person from calling the police), or when a Defendant places a person in reasonable apprehension of physical injury. It can also occur if they place a person in reasonable apprehension of physical injury to a third person. On rare occasions, you will see kidnapping charged when a Defendant interferes with a performance of a governmental or political function, or when a person seizes control over an airplane, train, bus, ship, or other vehicle.
Possible Punishment for Kidnapping
Kidnapping is normally a class two (2) felony which carries different ranges of punishment depending whether or not there is an injury, and whether or not there is a deadly weapon or dangerous instrument involved. If the kidnapping involved a deadly weapon (such as a gun, knife, or club- or a simulated gun) then the range of punishment is a minimum of seven (7) years in prison; a presumptive of ten and one half (10.5) years in prison; and a maximum of twenty-one (21) years in prison. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) years to thirty-five (35) years of incarceration.
If the alleged victim is also under fifteen (15) years of age, then the first offense range of punishment is ten (10) years minimum in prison; seventeen (17) years presumptive in prison; and twenty-four (24) years maximum in prison. This Kidnapping sentence must run consecutively to any other prison time imposed. This is “day-for-day prison time” (i.e., no early release or “time off for good behavior”).
If the alleged victim was released pursuant to an agreement with the State and without any physical injury, then it can be charged as a class three (3) felony. If a deadly weapon or dangerous instrument was involved, then the first Kidnapping offense range of punishment would be five (5) years minimum in prison; seven and one half (7.5) years presumptive in prison; and fifteen (15) years maximum in prison. If a person has one (1) allegeable historical prior dangerous felony conviction, then the range of “prison only” range is ten (10) years minimum; eleven and one quarter (11.25) years presumptive; and twenty (20) years maximum of incarceration. If the person has two (2) allegeable historical prior dangerous felony convictions, then the “prison only” mandatory minimum punishment is fifteen (15) years; the presumptive is twenty (20) years; and the maximum is twenty-five (25) years of incarceration.
If the alleged victim was released pursuant to an agreement with the State and without any physical injury, then it can be charged as a class three (3) felony. If a deadly weapon or dangerous instrument was not involved, then the first Kidnapping offense range would be anywhere from probation with zero (0) days in jail to one (1) year in jail; or prison of two (2) years minimum to eight and three quarters (8.75) years maximum of incarceration. If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration. If a person has one (1) allegeable historical prior dangerous felony conviction, then the range of “prison only” range is eight (8) years minimum; eleven and ten (10) years presumptive; and twelve (12) years maximum of incarceration. If the person has two (2) allegeable historical prior dangerous felony convictions, then the “prison only” mandatory minimum punishment is twelve (12) years; the presumptive is fourteen (14) years; and the maximum is sixteen (16) years of incarceration.
If the alleged victim is released without physical injury in a safe place prior to arrest, and prior to accomplishing any of the illegal intents listed in the statute, then this can be charged as a class four (4) felony. The Possible Punishment varies depending on whether a dangerous instrument or deadly weapon was involved. If a deadly weapon was involved, then the minimum would be four (4) years in prison; the presumptive is six (6) years in prison; and the maximum is eight (8) years in prison.
If no deadly weapon or dangerous instrument was involved, then the range of punishment for Kidnapping is anywhere from probation with zero (0) days in jail up to one (1) year in jail; or prison of a minimum of one (1) year to three and three quarters (3.75) years maximum of incarceration. If the person has one (1) historical allegeable prior, then the “prison only” range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) historical allegeable priors, then the “prison only” range is six (6) years to fifteen (15) years of incarceration.
Possible Defenses for Kidnapping
The most often seen defenses to a Kidnapping charge will be based on “Consent”, or “Lack of Intent”. These charges are normally brought up in domestic disputes where a family member or a child is taken by one parent in a vehicle, or they are not allowed to leave the house during an argument. This particular charge is probably “over-charged” by the Prosecutor more than any other serious felony in Arizona. It will be important to interview as many friends and family members as possible to demonstrate the on-going relationship between the parties. For example, if parents are simply fighting within the household and a child or third person gets scared, this does not necessarily rise to the level of “placing a third person in reasonable apprehension of imminent physical injury to the victim”. It is very important to prevent the Prosecutor from turning a simple Domestic Violence situation (i.e., a misdemeanor) into the very serious felony of Kidnapping.
The “Common Defenses” for Kidnapping, which may apply in any criminal case are numerous and diverse. One of most common defenses we encounter is a “Miranda rights Violation”. In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “Voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, “Denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Arizona Kidnapping Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Arizona Kidnapping Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to a Phoenix Arizona Kidnapping Lawyer. We will assist you with your Kidnapping case.
