NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you get life for kidnapping
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal criminal defense cases, and we’re known for taking on cases that other attorneys call unwinnable. You may have seen our work highlighted in the Netflix series about Anna Delvey, or read about our representation in the Ghislaine Maxwell juror misconduct case. If you’re reading this, you or someone you care about is facing kidnapping charges – and you need to understand what life in prison actually means in these cases.
Yes, you can get life for kidnapping. In fact, if anyone dies during the kidnapping, life imprisonment is mandatory under federal law. Even without a death, federal kidnapping under 18 U.S.C. § 1201 carries a maximum sentence of life in prison. The question isn’t whether life sentences exist for kidnapping – they absolutely do. The question is whether your specific case will result in one, and that depends on factors federal prosecutors and judges weigh during sentencing.
When Life Sentences Are Mandatory
Federal law draws a bright line when death results from kidnapping. If anyone dies – and it doesn’t have to be the kidnapping victim – the sentence is mandatory life imprisonment or the death penalty. Congress removed judicial flexibility here entirely, no exceptions.
In 2025, we’re seeing these mandatory life sentences imposed regularly. Naasson Hazzard received life in federal prison for kidnapping resulting in death after he abducted a 25-year-old woman and dumped her body in the woods. Daniel Paul Blanks got life without parole for aiding and abetting kidnapping resulting in death. Federal law required life imprisonment because someone died.
Death isn’t the only path to life in prison for kidnapping. General kidnapping convictions under 18 U.S.C. § 1201 carry penalties up to life imprisonment, meaning judges have discretion to impose life even when no one dies. Attempted kidnapping carries up to 20 years, but completed kidnapping opens the door to life sentences based on aggravating circumstances.
Conspiracy cases can result in life sentences too. If two or more people conspire to commit federal kidnapping and take action toward that end, all conspirators can be sentenced to life in prison. You don’t have to be the person who physically grabbed the victim – helping plan it, driving the vehicle, providing the location, that’s enough.
What Pushes Kidnapping Sentences Toward Life
Under the Federal Sentencing Guidelines § 2A4.1, kidnapping starts with a base offense level of 24. From there, aggravating factors stack up quickly, pushing the guideline range toward life imprisonment. Federal judges use these guidelines to calculate recommended sentence ranges, and while they’re not strictly mandatory after United States v. Booker, most judges follow them closely.
Ransom demands add 6 levels to the offense level – one of the largest enhancements in the guidelines. That single factor – demanding money or making demands upon the government – can transform a case from serious to catastrophic. Federal prosecutors view ransom kidnappings as particularly egregious because they involve premeditation and calculated exploitation. You planned this, you executed it, you tried to profit from it, they’re getting decades or life.
Bodily injury to the victim triggers additional enhancements that vary by severity. Permanent or life-threatening bodily injury increases the offense level by 4 levels. Serious bodily injury adds 2 levels. Even injuries that fall between serious and life-threatening add 3 levels. These enhancements recognize that kidnapping causing physical harm deserves harsher punishment than cases where victims are released unharmed, but the line between “serious” and “life-threatening” becomes a major battleground during sentencing.
Child victims trigger mandatory minimum sentences even without death. If the kidnapping victim is a child and the defendant isn’t a close family member, there’s a mandatory minimum of 20 years in federal prison. This applies regardless of whether the child was harmed – the age of the victim alone drives the mandatory minimum. Twenty years is the floor, not the ceiling, and cases involving children routinely result in sentences far higher.
The length of detention matters too. The longer you hold someone, the higher your sentence climbs. Federal guidelines include specific adjustments based on how long the victim was detained – hours versus days versus weeks. Extended kidnappings demonstrate greater commitment to the crime, more opportunities to release the victim that you didn’t take, and more trauma inflicted.
When you combine these factors – ransom demand, child victim, extended detention, bodily injury – you’re looking at offense levels that produce guideline ranges including life imprisonment. I’ve seen cases where the math adds up to offense level 38 or 40 with criminal history category III, and the guidelines range starts at 324 months and goes to life. At that point, you’re not arguing whether you’ll get decades – you’re arguing whether you’ll die in federal prison.
Federal kidnapping jurisdiction kicks in when you cross state lines – if you transport someone across state or international borders and don’t release them within 24 hours, federal prosecutors can charge you under the Federal Kidnapping Act. Most kidnapping cases get prosecuted under state law, but when the feds pick up the case, penalties are harsher and sentences don’t include parole.
What This Means for Your Defense
If you’re charged with federal kidnapping, you need a defense attorney who has handled these cases before – not someone learning federal sentencing law while your life is on the line. At Spodek Law Group, we’ve represented clients in high-stakes federal cases where the exposure included life imprisonment. We understand how federal prosecutors build kidnapping cases, what evidence they need to prove each enhancement, and where the weaknesses exist.
Every kidnapping case is different. Sometimes the issue is identity – prosecutors charged the wrong person. Sometimes it’s intent – the defendant didn’t have the specific intent required for kidnapping. Sometimes it’s jurisdiction – the case belongs in state court, not federal court. Sometimes the fight is about sentencing factors – challenging whether a ransom demand actually occurred, whether injuries were as serious as prosecutors claim, whether the defendant was a minor participant rather than a leader.
The worst thing you can do is wait. Federal kidnapping investigations move quickly once law enforcement identifies suspects. Statements you make to investigators without an attorney present can destroy defense strategies that might otherwise work. By the time many defendants hire attorneys, critical opportunities have passed.
Defense attorneys who understand federal sentencing know where the fights are. We challenge the offense level calculations – arguing against enhancements, questioning whether bodily injury reached “serious” levels, disputing whether the defendant’s role warrants leadership adjustments. We negotiate with prosecutors about charge selection before indictment to avoid mandatory minimums when possible.
Kidnapping cases often involve co-defendants, and the first person to cooperate typically gets the best deal. Federal prosecutors offer substantial assistance departures that can take life sentences off the table, but only for defendants who provide truthful, useful information before everyone else does.
At Spodek Law Group, we’re available 24/7 because we know federal arrests don’t happen on convenient schedules. We represent clients nationwide, with experience in federal districts across the country. We’ve handled cases others called unwinnable – that’s part of why clients choose us. If you’re facing federal kidnapping charges, the time to act is now, not after prosecutors have built their case and witnesses have testified before the grand jury.