Kidnapping and False Imprisonment Charges

Kidnapping and False Imprisonment Charges: What You Need to Know

Getting charged with kidnapping or false imprisonment can be really scary. These are serious crimes that can totally mess up someone’s life if they get convicted. But there are some important differences between kidnapping and false imprisonment that are good to understand. This article will break it all down in a simple way so you know what’s going on if you or someone you care about gets accused of one of these crimes.

What is Kidnapping?

Kidnapping is when someone takes or confines another person using force, threat of force, or deception. The kidnapper’s goal is usually to:

• Hold the victim for ransom or as a hostage
• Help the kidnapper commit another crime
• Hurt the victim or terrorize them
• Interfere with a government or political function

Kidnapping charges are very serious. In Kansas, there are different levels of kidnapping charges:

• Level 3 Kidnapping – Taking or confining someone with intent to ransom, terrorize, etc. This is a felony with up to 20 years in prison.
• Level 1 Aggravated Kidnapping – Kidnapping where the victim is hurt. This is a felony with up to 54 years in prison.

So kidnapping has really high stakes if you get convicted. The sentences are long and it can ruin someone’s life.

What is False Imprisonment?

False imprisonment is when someone unlawfully restrains another person’s freedom or holds them against their will. It’s basically confining or detaining someone without the legal right to do that.

False imprisonment is related to kidnapping but it’s missing some elements, so it’s a less serious charge. The main difference is that false imprisonment doesn’t require moving the victim to a different location like kidnapping does.

In Kansas, false imprisonment is a misdemeanor called “criminal restraint.” It’s punishable by up to 1 year in jail.

So while false imprisonment is still a crime, the penalties are not nearly as harsh as with kidnapping charges.

Real World Examples

It’s easier to understand the difference between these crimes with some examples from real cases:

Kidnapping – A man breaks into a woman’s home, duct tapes her, and forces her into his car. He drives her to a storage unit and holds her captive there. This is kidnapping because he confined the victim, moved her to another location, and held her there against her will.

False Imprisonment – An abusive husband refuses to let his wife leave their apartment during an argument. He stands in front of the door and pushes her away each time she tries to leave. He detained her against her will, but didn’t take her anywhere, so it’s false imprisonment.

Both Crimes – A woman is walking down the street and a man drags her into an alley. He holds a knife to her back and forces her to walk several blocks to his apartment. Once inside, he ties her to a chair and won’t let her go. This would likely be charged as both kidnapping (for forcing her to walk to his apartment) and false imprisonment (for tying her up once they got there).

So in summary:

• Kidnapping requires confining someone AND moving them to a different location
• False Imprisonment requires confining someone but NOT moving them anywhere

Penalties for These Crimes

Like we said before, kidnapping charges are extremely serious. If convicted of Level 3 kidnapping in Kansas, you could get over 20 years in prison. Level 1 aggravated kidnapping could result in a life sentence.

False imprisonment is a much lower level crime. In Kansas, it’s a Class A misdemeanor with up to 1 year in jail as punishment.

The details of each case will also affect the potential sentence. Things like:

• Any injuries to the victim
• If a weapon was used
• If other crimes were committed during the kidnapping/false imprisonment
• The age of the victim
• The defendant’s criminal history

All of those factors could increase the sentence if convicted. It’s really important to have an experienced criminal defense attorney help figure out the possible penalties based on the specifics of your case.

Possible Defenses

There are defenses that may apply in kidnapping and false imprisonment cases:

Consent – If the alleged victim consented and went along voluntarily, this could defeat both charges. However, consent may not apply if it was obtained through deception or coercion.

Mistaken Identity – If the defendant was misidentified and wasn’t actually involved, they could use mistaken identity as a defense. Eyewitness misidentification is a common cause of wrongful convictions.

No Intent – For false imprisonment, if the confinement was accidental and there was no intent to restrain someone, this defense may defeat the charges.

Citizen’s Arrest – In some cases, a private citizen can lawfully detain someone suspected of a crime. If performed correctly, this would provide a defense.

An experienced criminal defense lawyer will know if any of these defenses could apply to your kidnapping or false imprisonment case.

The Importance of a Lawyer

Facing charges like these is extremely scary. The potential consequences are so severe, including many years in prison and a felony record. Even misdemeanor false imprisonment could hurt job and housing prospects after conviction.

So if you or a loved one has been accused of kidnapping or false imprisonment, it’s critical to talk to a criminal defense attorney right away. An lawyer who specializes in these types of cases can evaluate the evidence and figure out the best defense strategy. This gives you the best chance of avoiding a devastating conviction.

Don’t take any chances here. These are very serious accusations that require an aggressive legal defense. Be proactive and schedule a free case evaluation with an experienced local criminal defense attorney today. They will protect your rights at this critical time.

With an expert lawyer on your side, you can hopefully avoid a traumatic kidnapping or false imprisonment conviction. Don’t go through this alone – make that call today!