Being charged with kidnapping or abduction in Texas is one of the most serious legal challenges you can face. A conviction can leave you with a permanent criminal record, significant financial penalties, and the prospect of a long prison sentence. If you are facing abduction or kidnapping charges, it is critical to act quickly – and hiring an experienced and dedicated kidnapping defense lawyer is the surest way to help secure the best possible outcome for your case.
What is Kidnapping?
Most people are familiar with the concept of kidnapping and what the act entails. However, an exceptional kidnapping defense attorney understands how the law defines kidnapping. In Texas, the act of kidnapping (as defined in Section 20.03 of the Texas Penal Code) occurs when a person intentionally or knowingly abducts another person. The term “abduct” is defined in Section 20.01 as restraining a person with the intent to prevent their liberation by secreting or holding them in a place where they are not likely to be found or using or threatening to use deadly force.
Since Texas law defines kidnapping as abducting, abduction must be proved beyond a reasonable doubt to be found guilty by a jury in a court of law. There are several types of kidnapping in Texas, including general kidnapping, aggravated kidnapping, unlawful transport, and unlawful restraint, each carrying varying degrees of penalties if convicted.
General Kidnapping
Texas law defines general kidnapping as intentionally or knowingly taking another person against their will. In the case of a child, this means taking the child without the parent or guardian’s consent. General kidnapping in Texas can result in a third-degree felony charge.
Aggravated Kidnapping
This is the most severe kidnapping charge in Texas, as any aggravated kidnapping lawyer will attest. This offense involves knowingly and intentionally taking a person against their will and using them for ransom, leverage, hostage, or as a human shield. This charge also results from proving that the kidnapping victim was terrorized, suffered bodily harm, or suffered sexual abuse. Furthermore, the charge of aggravated kidnapping can escalate to aggravated assault if the use of a deadly weapon occurred during the crime or if the offender interfered with a government or political function. In general, an aggravated kidnapping will result in a first-degree felony charge.
Unlawful Transport
Unlawful transport occurs in Texas when someone is kidnapped in a manner that conceals them from law enforcement and poses a significant risk of serious bodily injury. This offense is typically classified as a third-degree felony; however, the charges can escalate when specific criteria are met, such as:
- If the victim is under 18, the offense is also charged as a second-degree felony.
- If the offender’s actions create a substantial likelihood that the victim will suffer serious bodily injury, the crime becomes a second-degree felony.
- If the victim is subjected to sexual assault or aggravated sexual assault, the charge becomes a first-degree felony.
- If the victim sustains serious bodily injury, the offense is charged as a first-degree felony.
In cases of unlawful transport activities, demonstrating one or more of these criteria beyond a reasonable doubt generally results in a third-degree felony charge.
Unlawful Restraint
Unlawful restraint occurs when a person intentionally or knowingly restricts another person’s movement without consent, preventing the detained from leaving freely. Restricting movement includes confinement (e.g., locking someone in a room) or physically restraining them. Lack of consent occurs if the victim is forced, threatened, deceived, incapacitated, unable to resist, or a person/minor under 14 years of age. In Texas, unlawful restraint is generally charged as a Class A misdemeanor.
Parental Kidnapping in Austin, TX
In Texas, under certain circumstances, a parent can be charged with kidnapping their child. Parental kidnapping generally occurs during divorce or custody proceedings that are pending or finalized, and one of the parents takes the child in violation of court orders. Conviction of this crime can occur if the prosecution can prove the child in question is under 18 years old and the offender committed one of the following:
- Knowingly took the child in violation of the terms of a judgment or court order regarding the child’s custody.
- The accused knew that a divorce or custody case had been filed, had not been awarded custody, and took the child out of the court-defined geographic area of the counties.
- The accused took the child outside of the United States with the intent to deprive another person who is entitled access to the child without the knowledge of that other person.
- A noncustodial parent intentionally interferes with the lawful custody of a child or knowingly persuades the child to leave the custody of the custodial parent or guardian.
What Are the Stages of Kidnapping?
Given the seriousness of the crime, it’s critical to understand the different phases that constitute an act of kidnapping. Three stages typically occur: acquisition, transportation, and control. The first phase, acquisition, occurs when the accused makes first contact with the victim and plans the kidnapping. Transportation, the second phase, involves moving the victim to a desired location. The third and final phase, control, occurs after the kidnapping takes place, and the accused keeps tight control over the victim until the desired outcome, such as a ransom, is achieved.
What are the Penalties for Kidnapping in Texas?
The charges for kidnapping can range from misdemeanors to felonies. Understanding the difference between a misdemeanor vs felonies in Texas is critical, as each carries penalties of varying degrees, from fines to jail time – or both in most cases.
Felony Penalties in TX
Felonies range from first-degree, the most severe, down to third-degree. First-degree felony charges incur penalties of life in prison and up to $10,000 in fines. Secord degree felonies can carry two to twenty years in prison and fines of up to $10,000. Third-degree felony charges can result in two to ten years in prison with fines of up to $10,000. Given the seriousness of felony charges in Texas for kidnapping crimes, including general, aggravated, and unlawful transport, consulting with an experienced kidnapping lawyer who will fight for your rights is essential to securing the best possible results.
Misdemeanor Penalties in TX
In Texas, misdemeanors are classified from Class C, the least serious, to Class B and Class A, the most serious. Class C misdemeanors can result in a fine of up to $500 with no jail time. Class B misdemeanors can result in up to 180 days in county jail and a fine of up to $2,000. The most serious, Class A, can result in up to 12 months in prison and fines of up to $4,000.
An accusation of kidnapping to any degree in Texas is serious and can have severe legal consequences, impacting your life and your loved ones. If facing accusations, it’s imperative to contact a criminal defense attorney with experience defending kidnapping charges in Texas. A reputable, experienced kidnapping attorney understands the law surrounding your circumstances and will leave no stone unturned to support your defense.
How Our Austin Criminal Defense Lawyers Defend Their Clients?
A kidnapping charge in Texas does not guarantee a conviction. Your right to a fair trial allows a seasoned kidnapping defense lawyer to advocate on your behalf. The defense will have to prove beyond a reasonable doubt that specific criteria were met to secure a kidnapping conviction, including intentionally or knowingly abducting another person. This includes demonstrating that the accused acted upon a desire or conscious objective to cause the alleged victim to be abducted or was aware that their conduct was reasonably certain to result in the alleged victim’s abduction, e.g., being hidden or held under threat of serious bodily injury.
In cases where another claims the accused held them against their will, the prosecution must provide proof of abduction to secure a kidnapping conviction. However, abduction in Texas must meet specific criteria, including the threat or use of deadly force and holding the alleged victim in a place where they will not likely be found. Therefore, an attempted kidnapping lawyer can argue that the accused did not meet the requirements of abduction, if applicable, which include using or threatening to use deadly force as defined by (Texas Penal Code Section 20.01) during the incident in question. Furthermore, a kidnapping lawyer can effectively refute any location the accused and alleged victim visited or were known to frequent together prior to the accusation, which would not qualify as a place where the victim will not likely be found.
If you or a loved one are facing accusations of kidnapping in Travis County, the criminal defense attorneys at GHC Law can help, offering the kind of legal insight and strategies only an experienced kidnapping defense lawyer can provide. We will explore every detail surrounding the charges related to your case, no matter how insignificant, to build a strong defense, fight the prosecution, and secure the justice you deserve.
