Kidnapping Lawyer in Miami, FL
Have You Been Hit with Kidnapping Charges in Florida?
Florida Criminal Statute 787.01 states that “kidnapping means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will and without lawful authority,” with intent to hold for ransom, inflict bodily harm upon, or to terrorize the victim or another person, or interfere with the performance of any governmental or political function. Kidnapping charges are very serious, and without the experience of a Miami kidnapping lawyer, beating kidnapping charges in Florida is going to be very difficult.
In Miami, fighting kidnapping charges without the help of a defense attorney is going to be nearly impossible. Kidnapping laws in Florida are categorized as violent crimes, and the state prosecution takes kidnapping charges as seriously as any other violent crime.
What Must a State Prosecutor Prove for a Defendant to Be Found Guilty of Kidnapping Charges in Florida?
For a state prosecutor to prove kidnapping charges, they must prove beyond a reasonable doubt the following:
- The defendant initiated the use of force to abduct another individual.
- The defendant held another person against their will and tried to get some sort of ransom in exchange for the person who was abducted.
- The defendant initiated the use of force and caused bodily harm to the victim who was kidnapped.
- The defendant interfered with a governmental or political function.
- The defendant abducted another individual to assist in the crime of a felony.
What Are the 2 Categories that Kidnapping Falls Under, and What Are Their Potential Punishments?
Kidnapping charges in Florida fall under 2 categories: either simple kidnappings or aggravated kidnappings.
The penalties for simple kidnapping include:
- Restitution to the victim
- Probation
- Parole
- Community service hours
- 3-8 years of prison time
- Fines
If charged with aggravated kidnapping, the penalties can include:
- Probation
- Fines
- Parole
- Community service hours
- Life sentencing in prison