Allegations of kidnapping are serious charges that could limit your freedom and impact the rest of your life. These charges can also arise out of misunderstandings and cause lengthy legal problems. To fight the charges against you, it is essential to hire a kidnapping defense lawyer in Benson to secure you the most favorable outcome possible.
Suzuki Law Offices helps you navigate the legal system, preserve your freedom, and minimize the impact on your life. Our team has more than tremendous experience defending and getting results for our clients. We use tailored strategies and our prosecutorial knowledge to strengthen your case. A Benson violent crimes lawyer will ensure you receive an advocate and your due diligence.
Legal Representation is Essential When Faced With Kidnapping Charges
You may wonder if you need a criminal defense lawyer after an arrest, even if you have been falsely accused. While you are allowed to represent yourself, the legal knowledge needed to do so is significant. It is also hard to remain objective and collected when your future is at stake. To get a better outcome and reduce your stress, it is recommended to hire an experienced attorney who can fight for you instead.
When you have been arrested and charged with kidnapping, you have rights that a lawyer can help enforce, especially if the prosecution is putting pressure on you. When you hire Suzuki Law Offices, you not only get an experienced team, but you also have a former Assistant U.S. Attorney fighting for you. With this knowledge, we can create stronger and more effective defenses.
Even if it is a custody misunderstanding, kidnapping charges are taken very seriously and heavily scrutinized. To get a better outcome, it is in your best interests to say as little as possible and let your lawyer advocate for you. They understand how to effectively communicate with law enforcement and court personnel to resolve your case.
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Get StartedHow Kidnapping is Defined in Arizona
While kidnapping can occur intentionally or unintentionally, the charges are taken very seriously. At its most basic level, kidnapping involves intentionally restraining another person, according to A.R.S. 13-1304. However, kidnapping also includes several actions that may be taken while an individual is restrained. Examples of these actions include the following:
- Taking an individual as a hostage and/or demanding a ransom
- Using another individual as a shield
- Holding and forcing an individual into servitude against their will
- Injuring, sexually abusing, or killing an individual
- Causing an individual to reasonably fear for their safety with threats of imminent physical harm
- Interfering with political or governmental activities
- Take over control of any form of transportation
Additionally, divorcing couples may have misunderstandings that can lead to kidnapping charges. While these situations can be unnerving, a Benson kidnapping defense lawyer can help you clear up and resolve the situation while protecting your rights in the process.
Lawyer Near Me (602) 682-5270Penalties for Kidnapping Crimes in Benson
Kidnapping crimes are a felony in Arizona and can result in lengthy prison time. These crimes are generally considered a class 2 felony with two exceptions. If the kidnapped individual is voluntarily released without injury and before an arrest, then the offense is downgraded to a class 4 felony. It is a class 3 felony if the individual is released and not injured after the offender has contact with police.
According to Arizona’s criminal code sentencing provisions, prison time for the various kidnapping crimes can range from 4 years to 21 years for a first offense. Repetitive offenses face an increased range of potential time spent in prison. Offenses against children can result in sentences ranging from 13 years to life in prison, depending on the offense.
If convicted, prison sentences will be decided by a judge. While the sentencing mentioned above is a typical range, judges have discretion on the punishments they issue and can deviate from the guidelines. Every case is different, so the particular set of circumstances involved can make a difference in how a judge will rule on your case. This is one of the many reasons it is important to have a legal advocate.
How Mitigating and Aggravating Factors Can Impact the Outcome of Your Case
Because of the latitude judges have when issuing a sentence, contextual elements make a difference in your case. Mitigating factors, as outlined in ARS 13-701, are aspects that can reduce your charges and sentencing. Examples include age, duress, lack of intent or capacity, character and background, and cooperation and cognizance.
On the other hand, aggravating factors have the opposite effect and can result in a harsher sentence. Examples include threats and serious injury, use of an accomplice, prior felony charges, and the death of the victim.
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Potential Defenses a Kidnapping Defense Attorney in Benson May Use in Your Case
One of the most important parts of your case is your defense. It gives you the opportunity to refute the charges against you, and a strong defense strategy lays the foundation for every other part of your case. Your lawyer will thoroughly evaluate your circumstances and gather evidence to support your defense and illustrate weaknesses in the prosecution’s arguments or process. Some common defenses include:
- No intent to kidnap
- Had a legal right to be with the alleged victim
- No use of restraints
- Misidentification and/or false accusations
- Cooperated with police
- Violations of your rights
- Mishandled evidence or processes
Your lawyer will use evidence to support your kidnapping defense during your case. Digital footage, testimonials, physical evidence, documentations, and demonstrative evidence are some forms of evidence that you can use in a criminal defense case. Your lawyer will use these records to provide context and rebut the prosecution’s arguments.
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Entrust Your Defense to Suzuki Law Offices
Regardless of your situation, Suzuki Law Offices is ready to fight to get your charges reduced, dismissed, or cleared.
We work diligently to provide you with the counsel and support you need as you face an uncertain future. With a Benson kidnapping defense attorney representing you, you can be confident your case is in good hands. To discuss your options, schedule a consultation with our team today.
Call or text (602) 682-5270 or complete a Free Case Evaluation form