Houston Kidnapping Attorney
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Houston, TX Kidnapping Defense Lawyer
Facing kidnapping charges is a serious matter that can lead to life-changing consequences. To effectively defend your rights, you need the help of a Houston kidnapping attorney.
Keith Jackson, Attorney and Counselor at Law PLLC, provides aggressive legal representation for individuals accused of kidnapping and other violent crimes in Houston, TX. As a seasoned Houston violent crime defense lawyer, Mr. Jackson defends clients against state and federal kidnapping charges by carefully examining the facts and constructing a personalized defense strategy for your case.
Every situation is different, which is why Attorney Jackson takes the time to understand the specific circumstances surrounding each accusation. Don’t wait to learn more about how he defends against criminal charges in Houston. Call (281) 545-5020 to schedule your consultation.
What is Kidnapping?
Kidnapping is generally defined as the unlawful taking or seizure of another person without their consent. Perpetrators may use force, deception, or threat to kidnap someone.
Effective defense against kidnapping charges requires extensive knowledge of Texas criminal law. Houston criminal attorney Jackson helps clients understand how Texas defines various kidnapping crimes and prepares them to fight charges in court.
Types of Kidnapping Crimes in Texas
Depending on the circumstances and intent behind the crime, Texas courts may charge perpetrators with either kidnapping or aggravated kidnapping. These crimes involve unlawful restraint and abduction.
Kidnapping Texas Penal Code
According to Texas Penal Code § 20.03, a person commits the offense of kidnapping if they intentionally or knowingly abduct another person. Abduction, as defined under Texas law, requires restraining someone with the intent to prevent their liberation by either hiding them in a place they are unlikely to be found or by using or threatening deadly force.
Aggravated Kidnapping Texas Penal Code
Under Texas Penal Code § 20.04, aggravated kidnapping involves additional circumstances that elevate the severity of the crime. For example, aggravated charges apply when the perpetrator kidnaps someone with the intent to inflict bodily injury, violate or abuse the victim sexually, or use the victim as a hostage or human shield. Ransom kidnapping, or kidnapping with the intent to hold the victim in exchange for ransom or reward, also qualifies as aggravated kidnapping in Texas.
Courts consider kidnapping with the intent to facilitate the commission of a felony, or to aid with flight after committing or attempting a felony, to be an aggravated offense. Aggravated kidnapping can also involve terrorizing the victim or a third person, exhibiting or using a deadly weapon, or interfering with a government or political function.
Unlawful Restraint Texas Penal Code
Unlawful restraint is defined under Texas Penal Code § 20.02 as intentionally or knowingly restricting another person’s movement without their consent by force, intimidation, or deception. If the victim is under 14, restraining without their parent or guardian’s consent is unlawful, even if the victim acquiesces to the restraint. Depending on the victim’s age and other factors, unlawful restraint may be charged as a misdemeanor or felony.
Kidnapping vs. Unlawful Restraint
In Texas, the main difference between kidnapping and unlawful restraint lies with the intent of the perpetrator. Kidnapping involves abducting a person, which means not only restraining them but also intending to prevent their liberation. This may involve preventing liberation through threats or force, or by hiding the victim somewhere they are unlikely to be found. Unlawful restraint, on the other hand, typically involves keeping someone from moving freely without the added element of abduction.
Both offenses can lead to a lasting criminal record and severe penalties. Individuals facing kidnapping cases or unlawful restraint allegations should seek immediate legal guidance from a criminal lawyer in Houston, TX.
Punishments for Kidnapping in Texas
Kidnapping-related offenses in Texas carry severe penalties that vary based on the specific charge and the presence of aggravating factors. For example, a basic kidnapping conviction is typically a third-degree felony, punishable by 2 to 10 years in prison and fines of up to $10,000.
Aggravated kidnapping is usually charged as a first-degree felony. Potential penalties include life imprisonment, a prison sentence of 5 to 99 years, and fines of up to $10,000. However, if the defendant can prove that they voluntarily released the victim in a safe place, lower charges apply. The crime becomes a second-degree felony and can be punished by a prison sentence of 2 to 20 years, up to $10,000 in fines, or both.
Unlawful restraint may be classified as a misdemeanor or a felony, depending on the victim’s age and other circumstances. For a Class A misdemeanor charge, courts may require up to 1 year of jail time and up to $4,000 in fines.
A violent crime conviction can also result in long-term consequences beyond court-issued penalties. Criminal conviction can limit your employment opportunities. Future employers will be able to look up your criminal record via a background check. Furthermore, you may be limited on which industries you can enter and what professional licenses you can apply for. Those convicted of felony offenses in Texas also lose their firearm rights. Your education and housing opportunities may become limited. Additionally, it can affect child custody cases and immigration status.
To avoid legal penalties and other severe consequences, you should speak with a criminal lawyer in Houston, TX as soon as possible. The B. Keith Jackson law firm can help you form a strong defense against kidnapping charges.
How a Houston Criminal Defense Attorney Can Help with Kidnapping Charges
Hiring a Houston criminal defense attorney should be your first priority when facing kidnapping charges. Legal representation plays a key role in protecting your rights. Local defense attorneys have the knowledge and experience needed to prepare for anything that might occur during your case.
Keith B. Jackson is ready to represent you in court. He’ll help you understand your rights and work hard to fight the charges against you. After reviewing the facts of your case, he’ll question the evidence and develop a defense that fits your situation. His experience with local courts means that he’s thoroughly prepared to handle a wide variety of legal issues. Whether the case involves domestic violence, a custody dispute, or serious aggravating factors, Attorney Jackson can help.
Defense Strategies for Kidnapping Charges
There are several common defenses available to someone accused of kidnapping or unlawful restraint in Texas. Proving that the alleged victim or their guardian gave consent would lead to case dismissal. Defense may attempt to demonstrate a lack of intent to use or threaten deadly force. Alternatively, showing that the accused is a family member acting without harmful intent is an affirmative defense. The defense may also argue that the evidence is insufficient and does not prove guilt beyond a reasonable doubt.
Sometimes, charges may be based on false accusations or a misinterpretation of events. For example, a non-custodial parent may be falsely accused of parental kidnapping when they, in fact, only picked up their child for pre-approved visits. In such cases, defense would hinge on proving that the other parent is falsely representing the events that occurred.
If case dismissal is not possible, your Houston criminal defense lawyer may be able to use defense strategies to reduce the charges against you. While aggravated kidnapping is typically charged as a first-degree felony in Texas, charges can be reduced to a second-degree felony if the accused voluntarily released the victim in a safe place.
Texas Kidnapping FAQs
Is Kidnapping a Felony in Texas?
Yes, kidnapping is a felony offense in Texas. Depending on the details of the crime, it can be charged as a third-degree, second-degree, or first-degree felony.
Can Kidnapping Charges Be Dropped in Texas?
Yes, but it depends on the circumstances. Charges may be dropped if there is insufficient evidence, if the accused is a custodial parent acting within their legal rights, or if the prosecution determines the act doesn’t meet the legal definition of kidnapping. A defense attorney may also negotiate with the prosecution to drop charges or present evidence that challenges the credibility of the accusation.
What’s the Difference Between State and Federal Kidnapping Charges?
Kidnapping is typically prosecuted at the state level. Like most crimes, kidnapping becomes a federal charge when the crime involves crossing state lines or national borders. Using mail or other forms of interstate communication also makes kidnapping a federal offense. Kidnapping within the United States’ special maritime, territorial, or aircraft jurisdiction qualifies as a federal charge. Kidnapping is also a federal offense if the victim is a foreign official, an internationally protected person, an official guest of the U.S., a federal officer, or a specified federal employee.
Contact Houston Kidnapping Lawyer B. Keith Jackson Today to Discuss Your Case
Choosing the right attorney to represent you is a crucial step to fighting criminal charges. If you’ve been accused of a kidnapping offense, the penalties can be severe and long-lasting. Seek the help you need to avoid a criminal conviction. Hire a Houston kidnapping attorney who can take immediate action to protect your rights.
Keith Jackson, Attorney and Counselor at Law PLLC, is prepared to guide you through the legal process of criminal defense. He understands what’s at stake and will build a strong defense on your behalf. To speak directly with Attorney Jackson about your case, you can use his online contact form or call (281) 545-5020 today.
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