Facing federal charges of any kind is terrifying. A conviction for kidnapping is one of the most severe federal offenses that, in the most aggravated of circumstances, can lead to life in jail or even the death penalty. These types of cases often begin as misunderstandings that spiral out of control. If you’re facing kidnapping charges, a seasoned and well-respected federal criminal defense lawyer who can aggressively fight to protect your rights and freedoms is your strongest ally.
John D. & Eric G. Johnson Law Firm is dedicated to defending clients in Louisiana against even the most serious criminal allegations. We meticulously examine every aspect of your case, recognizing the importance of thoroughly investigating and evaluating the evidence against you. With extensive experience handling high-stakes litigation like kidnapping cases, we have the knowledge and skill to defend against these alarming charges.
What Constitutes a Federal Kidnapping Charge?
Under 18 U.S.C. § 1201, a person commits federal kidnapping if they seize, confine, decoy, kidnap, abduct, or carry away another person against their will to hold them for ransom or another benefit. Several factors can elevate a kidnapping to a federal crime, including:
- The victim or offender crossing state lines or international borders
- Use of facilities of interstate or foreign commerce, such as the U.S. Postal Service
- Occurrence within U.S. special maritime or territorial jurisdiction
- Involvement of a foreign official or internationally protected person
- Participation of a federal officer or employee performing official duties
- A parent taking a child under 16 across international borders without consent
Even without clear evidence of interstate or foreign commerce impact, the federal government can investigate if the victim is not returned unharmed within 24 hours, presuming possible crossing of state lines.
Penalties for Federal Kidnapping Convictions
Kidnapping, whether prosecuted at the state or federal level, is a severe offense classified as a Class A felony under federal law. In Louisiana, state penalties for simple kidnapping may result in fines of up to $5,000 and imprisonment for up to five years.
Aggravated kidnapping of a child is much more severe, potentially leading to life imprisonment without parole, probation, or suspension of the sentence. The penalties highlight the gravity of kidnapping charges and the importance of a strong defense.
Fighting Against Kidnapping Charges in Federal Court
Attorneys will analyze the evidence, identify weaknesses in the prosecution’s case, and determine the most appropriate defenses based on the case’s specific facts. Potential defensive strategies include:
- Lack of movement across state lines: Demonstrating that the alleged kidnapping did not involve crossing state or international borders can be a significant defense.
- The alleged victim’s consent to move: If the victim consented to the movement and was not coerced, this can serve as a powerful defense, provided the victim was capable of giving consent.
- Legal right to move the person: Establishing that the accused had a legal right or authority to move the person can negate the kidnapping charges.
- Misidentification of the kidnapper: Challenging the accuracy of the identification and presenting evidence that someone else committed the crime can be a compelling defense.
- Insufficient evidence: Highlighting gaps or inconsistencies in the prosecution’s evidence can weaken their case and create reasonable doubt.
- False accusations: Proving that the charges are based on false allegations or motives can lead to an acquittal.
An effective defense strategy not only addresses the legal elements of the kidnapping charge but also considers the unique circumstances of each case. The goal is to cast doubt on the prosecution’s case and achieve the most favorable outcome, whether through dismissal, reduction of charges, or acquittal.
Let Us Defend You Against Federal Kidnapping Charges
If you believe you’re under a federal investigation for kidnapping charges, don’t wait to consult the experienced attorneys at John D. & Eric G. Johnson Law Firm for dependable legal help. The sooner we begin investigating and building a defense for your case, the more robust it will be. Aggressive defense representation is necessary to maximize the chances of a favorable resolution in serious federal prosecutions such as kidnapping, and our criminal defense team is ready to assist you.
Attorney Eric Johnson has successfully defended clients against serious Louisiana state and federal charges since 1993. He and his team are prepared to fight vigorously to protect your freedom and achieve the best possible outcome for your case. Call us at (318) 377-1555 to schedule a free consultation, or complete our contact form today.