If you’ve been charged with kidnapping, you’re facing a large legal battle, and you need to retain a top flight kidnapping attorney as soon as possible. Your future freedom for many years to come will rest heavily on how well they can defend you.
The good news is that despite being charged with kidnapping, there are many possible defense strategies that can be employed. Much of how a defense is crafted will depend on the evidence, facts and witness statements as part of the case.
One of the most common defenses centers around the fact that the victim may have consented to go with the defendant. Absent other supporting facts, this claim may have enough weight in the courtroom to raise enough reasonable doubt in the eyes of the jury.
Another possible defense is that a defendant may claim ignorance if they do not believe they are committing an act of kidnapping. For example, in child custody cases, if one parent removes a child from the other parent’s care and they believed they were doing so within the boundaries of the law, this may be enough to get charges dropped or may lead to an acquittal in a trial. A careful presentation of the facts may help draw jurors to the conclusion that a person was justified instead of the fact that they committed a kidnapping.
Sometimes, a defendant may be able to claim that they were coerced or forced under duress to commit a kidnapping. If a person is threatened with violence if they don’t commit a kidnapping, they may be able to show that imminent danger pushed them to commit a kidnapping.
While it is a lot less prevalent and much more of a long shot, a defense attorney may be able to make the claim of insanity. Without rational thought being present, kidnapping charges may be reduced to a lesser charge, although the defendant may wind up paying a price through mental health confinement as a result.
Cates & Garvey Law Group proudly serves clients in Phoenix, Tempe, Glendale, Scottsdale, Mesa and surrounding Arizona communities.