Being accused of kidnapping is a serious situation that requires an aggressive and experienced defense. Under Nevada law, NRS 200.310 defines kidnapping as the act of taking an individual from one location to another without their consent or against their will.
In addition, a person can also be charged with kidnapping without actually having to take a person from one place to another. Instead, confining a person to a controlled space can also qualify as an abduction.
The consequences for this criminal act are serious. If convicted, a person may be sentenced to prison for life. It is important that anybody charged with an abduction crime have a lawyer who will do what is required to get the best possible outcome for the client.
Las Vegas Kidnapping Defense Attorney
Joel Mann practices criminal defense in the Las Vegas area. If you have been accused of abducting an individual or a related kidnapping charge in Las Vegas, you know the gravity of the situation.
You need a lawyer who will aggressively fight to get the justice you deserve. Contact the Law Offices of Joel M. Mann immediately to discuss your legal options with a lawyer who understands Nevada law when it comes to kidnapping.
Joel Mann will be able to advise you of your legal rights and if needed, create a strong defense strategy to obtain the best possible outcome for you.
There are different degrees of kidnapping:
- First Degree Kidnapping
- Second Degree Kidnapping
- Child Custody Kidnapping
- Kidnapping with the use of a deadly weapon
- Defenses to Kidnapping Charges
- False Imprisonment
- Legal consequences if convicted of kidnapping
Under NRS 200.310 first-degree kidnapping occurs when someone “willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person” with the intent to:
- Kill them or inflict bodily harm
- Commit sexual assault
- Commit robbery
- Extort money out of family and relatives for the return of the person
Under Nevada law, you will not be convicted of both robbery and first-degree kidnapping if moving the victim was incidental to the robbery or if the victim’s risk of harm was not increased.
Make sure that you consult a Las Vegas criminal defense lawyer to understand your legal options in a 1st-degree kidnapping case. Penalties for a Category A felony are:
- 5 years to life imprisonment with eligibility for parole after 5 years.
The penalties for a Category A felony are quite severe so it is vital that you contact a licensed Nevada attorney to go over all your options.
Under Nevada law, first and second-degree kidnapping has the same elements. The difference is that second-degree kidnapping is a Category B felony whereas first-degree kidnapping is a Category A felony.
The penalties for Category A and Category B felonies differ so it is important to talk to a Las Vegas criminal defense attorney who is knowledgeable about Nevada law as it pertains to kidnapping. For a Category B the punishment is:
- 2-15 years in prison
- A possible fine of up to $15,000
A lawyer can tell you more about the range of punishment in your particular case based on the aggravating and mitigating factors in your situation.
Child Custody Kidnapping is laid out in NRS 200.359 and it is considered a category D felony in Nevada. Basically, child custody kidnapping occurs when a parent or someone with custodial rights allegedly kidnaps their own child.
It is possible for relatives to be accused of kidnapping a child, not just the child’s biological parents. Even if the child went willingly with the parent or relative, it could still be considered kidnapping. The penalty for the Category D felony is:
- 1-4 years in prison
- A possible fine of up to $5,000
A conviction for child custody kidnapping can have long-term consequences in family law court. If you are fighting for child custody and get a criminal conviction for kidnapping your child, the family court may severely limit visitation and your future custody rights to your child.
It is important to get this charge taken care of by a competent Las Vegas attorney so that it cannot be used against your character in the family law context. It may be possible for your Joel Mann to get your charges reduced to a misdemeanor or to get all charges dropped.
If you are charged with kidnapping, the penalties for first or second-degree kidnapping apply. However, if you used a weapon while you were committing the kidnapping, it increases the penalty for kidnapping. In Clark County, a judge may impose an additional 1-20 years in prison when a firearm is used in the commission of a kidnapping.
The additional time should not go over the underlying sentence. If you are convicted of kidnapping with a deadly weapon, odds are probation will not be considered and you will have to serve the full sentence. It is vital that you retain legal counsel right away if you have a kidnapping charge, especially if it involved a weapon so that you can build an effective defense against these charges.
Some of the more common defenses to kidnapping include:
No intent - If the prosecution cannot show that you actually intended to kidnap the alleged victim then there cannot be a case.
Consent - If the person is over 18 years of age and agreed to go along with you without you using threat or force then legally you are not guilty of kidnapping.
Insufficient evidence - It is possible that the prosecution does not have enough evidence to convince a jury beyond a reasonable doubt that you kidnapped the person.
No movement - If you can show the court that the person was not actually moved then the charge could be reduced to false imprisonment.
False imprisonment is when the victim has the perception that they are confined to an area and cannot leave. NRS 200.460 defines false imprisonment as an “unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.”
If you gave the alleged kidnapping victim the impression they could not leave, the victim could have felt threatened and stayed put because they thought they could not leave. Consult a Las Vegas attorney for more information on the defenses to accusations of kidnapping and false imprisonment.
Read more about False Imprisonment crimes in Nevada.
The legal consequences if convicted of kidnapping include:
- Life in prison
The state of Nevada does not take kidnapping charges lightly. Contact an attorney right away so that you can mitigate the damages these charges could cause to your criminal record and your life.
Law Office of Joel M. Mann | Nevada Kidnapping Defense Attorney
If you are facing kidnapping charges, contact the Law Office of Joel M. Mann at (702) 474-6266 for a free legal consultation. Joel Mann is knowledgeable and experienced at defending individuals accused of kidnapping or other violent crimes in Las Vegas and throughout Clark County, Nevada.