Kidnapping
Kidnapping is a serious offense in Florida which I've seen frequently charged in a domestic violence context. It's serious because, as an "enumerated offense," a person charged with Kidnapping won't be able to post a bond immediately upon being arrested.
Arthur Hearing
Florida lists numerous crimes as "enumerated offenses," that is, crimes for which a bond cannot be posted upon arrest. Instead, the accused typically has to wait some 21 days or so for the State Attorney's Office to file formal charges. If the Kidnapping charge "sticks," then the defense attorney has to request an Arthur Hearing and request the court to set a bond.
Kidnapping is a first degree felony in Florida
Moreover, the crime of Kidnapping is a First Degree Felony in Florida and punishable by up to life in prison, life on probation, and $10,000 in fines. Because Kidnapping scores out so high in Florida's sentencing guideline scheme, a judge has to sentence a defendant to a minimum of 48 months — up to a maximum of life in state prison. The only way around the 48 months, "bottom-of-the-guidelines" sentence is for the defense to file a motion for downward departure.
What the State has to prove
In Florida, the crime of Kidnapping is committed when a person forcibly, secretly, or by threat confines, abducts, or imprisons another person against their will, without lawful authority, with the intent to:
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Hold for ransom or reward or as a shield or hostage;
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Commit or facilitate commission of any felony;
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Inflict bodily harm upon or to terrorize the victim or another person; or
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Interfere with the performance of any governmental or political function.
Some viable defenses to Kidnapping
There can be no kidnapping if the only confinement involved is incidental to the underlying felony. If there's no intentional confinement of a victim, there can't be a Kidnapping. For example, let's say a bank robber orders the bank clerk not to move from behind the bank counter. At most, it's false imprisonment— but it's not kidnapping.
The above defense and many others may be available to you. Which is why it's critically important to hire an experienced criminal defense attorney to develop an effective defense strategies and hold the State Attorney's Office to their burden of proving the crime of Kidnapping beyond and to the exclusion of any reasonable doubt.
There is hope
If you or a loved one is arrested and charged with Kidnapping, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed. Your meeting with me will be strictly confidential and subject to the attorney-client privilege.
I want to hear your side of the story.
Rick Hermida
State and Federal Criminal Defense Attorney
55 Merrick Way ~ Suite 212
Coral Gables, Florida 33134
305-461-1116 (Office)
305-461-1066 (24 Hours)
We are solely a Criminal Defense Law Firm. That's all we do and all we have done since 1987.