HERNANDEZ &
ASSOCIATES LAW FIRM

Kidnapping Attorneys Mobile, AL

Understanding Kidnapping Laws in Alabama

Kidnapping is a serious crime in Alabama, carrying severe penalties and significant legal implications. As experienced criminal defense lawyers in Alabama, we can help you understand the intricacies of kidnapping laws to effectively represent you can help you protect your rights.

Under Alabama law, kidnapping is defined as the unlawful abduction or confinement of a person against their will. This crime is categorized into two degrees:

Kidnapping in the First Degree (Ala. Code § 13A-6-43)

This is considered the more severe form of kidnapping. It involves abducting another person with the intent to:

  • Hold them for ransom or reward
  • Use them as a shield or hostage
  • Accomplish or aid in the commission of a felony
  • Inflict physical injury or violate or abuse them sexually
  • Terrorize the victim or a third person
  • Interfere with the performance of any governmental or political function

First-degree kidnapping is a Class A felony, which is punishable by life imprisonment or any term of not less than 10 years.

Kidnapping in the Second Degree (Ala. Code § 13A-6-44)

This involves the abduction of a person without the aggravating factors that elevate it to first-degree kidnapping.

It may include scenarios where the abduction is intended to:

  • Facilitate the commission of a felony or flight thereafter
  • Interfere with the performance of any governmental or political function
  • Use them as a shield or hostage

Second-degree kidnapping is a Class B felony, punishable by 2 to 20 years in prison.

Legal Defenses Against Kidnapping Charges

A robust defense strategy is critical in kidnapping cases.

Some potential defenses that the attorneys at Hernandez & Associates Law Firm may use include:

Lack of Intent – Demonstrating that the defendant did not have the requisite intent to commit kidnapping can be a key defense. If the abduction was not intended to achieve one of the specific objectives outlined in the statute, it might not constitute kidnapping.

Consent – If the alleged victim consented to the movement or confinement, it negates the “unlawful” aspect of the charge. Proving consent can be challenging but can significantly impact the case.

Mistaken Identity – Providing evidence that the defendant was not the person who committed the kidnapping can exonerate them.

Duress – If the defendant committed the kidnapping under threat of immediate harm to themselves or others, it might serve as a defense, reducing culpability.

Legal Proceedings and Representation

When handling a kidnapping case, thorough preparation and an understanding of both statutory and case law are essential. Our law firm can help by:

Investigating the Facts – Gathering all pertinent evidence, including witness statements, surveillance footage, and digital records, to build a solid case.

Negotiating Plea Bargains – In some instances, negotiating a plea bargain may be in the best interest of the client, particularly if the evidence against them is overwhelming.

Trial Representation – If the case goes to trial, presenting a compelling argument, cross-examining witnesses effectively, and delivering persuasive closing arguments are crucial for achieving a favorable outcome.

Kidnapping charges in Alabama carry severe consequences, making it imperative for anyone facing such charges to seek skilled legal representation. As seasoned criminal defense and felony lawyers we understand the complexities of Alabama’s kidnapping laws, potential defenses, and effective legal strategies to provide our client the best defense possible. Whether we are working to exonerate an innocent client or negotiate a plea for reduced charges, our comprehensive knowledge and diligent preparation are the cornerstones of our legal representation in kidnapping cases.

Contact A Kidnapping Attorney In Mobile, AL For Help

If you have been charged or accused of kidnapping – schedule a consultation with one of our criminal defense attorneys to get started. Call our office in Mobile at (251) 479-1477, or fill out our online contact form. We fight for you and your rights!

 

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Mobile Criminal Defense Lawyer | Family Law | Estate Planning

Mobile Criminal Defense Lawyer | Family Law | Estate Planning

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