There are many scenarios where you could be accused of kidnapping or abduction. If you are ever accused, then you will need to hire a Virginia federal kidnapping lawyer. These serious charges require a lawyer who knows how to defend such cases. Consult with a Virginia federal criminal lawyer today.
If you are accused under federal kidnapping laws, then it is essential to find a Virginia lawyer. It is important to hire an attorney who has specific knowledge of federal kidnapping law. Their specific knowledge will be beneficial to your case.
Not only will their previous knowledge of federal cases be beneficial, but an experienced lawyer will likely help you to have a lesser sentence than you might otherwise get. In most cases of kidnapping, you could face life in prison. If the individual who was kidnapped dies, then you could even get the death penalty.
Being accused of kidnapping does not make you guilty. You should never admit to a crime that you did not commit. Sometimes your sentence will be lessened if you plead guilty, but if you are truly not guilty, you do not deserve any punishment, and you should stand on that fact.
“Kidnapping” and “abduction” are used interchangeably by federal defense attorneys in Virginia. The state law defines kidnapping as an individual taking, moving, or holding another individual by force or by intimidating or deceiving the other individual with the ultimate intent to do the following:
In the state of Virginia, abduction is usually considered a class 5 felony. If the one accused of removing the child is the parent of the child, then it is considered a class 1 misdemeanor. In the same situation, it turns into a class 6 felony if the parent takes the child over state lines. The law varies based on the reason for abduction and the age of the individual abducted.
If an individual is charged with a class 2 felony, then the punishment is life in prison or no less than 20 years, along with a fine of no more than $100,000.
Class 3 felonies can be punished by no less than five years and no more than 20. In addition, the fine would be no more than $100,000.
Class 5 felonies usually involve going to prison for no less than one year and no more than 10. The courts could actually make it no more than a year along with a fine that is a maximum of $2,500.
Class 6 felonies involve no less than one year of prison time and no more than five. The fine can be as high as $2,500.
There is obviously a lot of variety among the possible charges for kidnapping, because there are many variables involved with these crimes.
The main element that will determine whether an individual is charged under federal kidnapping laws is whether or not the abducted person was taken across state lines. As a Virginia lawyer can further explain, another way a crime becomes federal is if the mail is used in any way, or if interstate or foreign commerce is used in the process of the alleged kidnapping.
If you are charged with kidnapping at the federal level, then you can likely expect a sentence of several years to life in prison if convicted. If the individual who was abducted ends up dying, then your situation is, of course, much more serious.
If you are charged with federal kidnapping because you take your child over state lines without the consent of the child’s other parent, then you could face major penalties. There are many cases where it makes sense for a child to be taken as far away as possible, but the law still says that this must be done in the right way.
In these cases, it is essential for you to hire a lawyer who has experience in family law as well as kidnapping cases. If there were abuse to either you or the child, then you can prove that you were acting in self-defense as well as protecting your child. It may be difficult to prove this without the help of a lawyer. Call a Virginia Federal kidnapping attorney today to learn more.