Orlando Kidnapping Lawyer

Orlando Kidnapping Attorney

Though kidnapping is not typically the sensationalized version often seen on television, it is still a serious charge that can result in severe legal and personal consequences. Kidnapping is charged as a felony. Building an effective defense is crucial to reaching a favorable outcome. If you have been charged with kidnapping, your first action should be to find a trustworthy and competent Orlando kidnapping lawyer who can help you build your defense strategy.

The team at Robert B. Fisher, P.A., understands the complexities of fighting kidnapping charges and is well-versed in building a defense strategy for multiple criminal charges. With over three decades of experience in Seminole County and a reputation for aggressively defending our client’s rights, we are equipped to see your case through to the end. With our team in your corner, you receive the defense you deserve.

What Is Kidnapping in Orlando?

Kidnapping in Orlando is a personal liberty crime, as it encroaches on an individual’s personal freedom. Under Florida Statute § 787.01, kidnapping involves forcibly, by threat, or secretly imprisoning, abducting, or confining a person against their will and without the lawful authority to do so. Additionally, the kidnapper must have the intent to:

• Terrorize or inflict bodily harm upon the victim or another person
• Hold the victim for ransom or reward or as a hostage or shield
• Facilitate the commission of or commit a felony
• Interfere with the performance of a political or governmental function

Kidnapping is charged as a first-degree felony and carries severe penalties. If convicted, you face being sentenced to up to life in prison, fines up to $10,000, and life-long probation. Even after being released from prison, you are likely to experience societal issues related to having a felony on your criminal record, such as the inability to vote, difficulty finding housing, and losing the right to own firearms. You may also be excluded from holding some professional licenses.

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Defenses Against Kidnapping Charges

Kidnapping is considered a violent crime. In 2023, the violent crime rate in Orange County was 194.5, higher than the Florida average of 150.7. As a result of this higher rate, law enforcement and prosecutors may overzealously charge a defendant with kidnapping when a less serious charge, or even no charge at all, is more appropriate. Building your defense strategy begins by thoroughly examining the case and determining any weaknesses in the prosecution’s case.

While there are many potential defense strategies for kidnapping, common defenses include:

• Mistaken identity. High-stress events combined with some procedures in a criminal investigation can make eyewitness or victim testimony unreliable. This can result in misidentification of the defendant as the aggressor.
• Consent. If the victim consented or voluntarily agreed to go with the defendant, then an argument can be made that no kidnapping occurred.
• Suppressing evidence. If any of the evidence was obtained illegally or was not processed correctly, it can be argued that the evidence must be suppressed. This means it cannot be presented in a trial. If it is a key piece of evidence, the kidnapping charge can be reduced or even dismissed entirely.
• Establishing an alibi. Establishing an alibi will show that you were unable to commit the crime because you were not present where and when the crime was committed.
• Absence of intent. For a crime to have been committed, there must have been intent. If the defendant lacked intent, then the charge could potentially be reduced or dismissed.

Building a comprehensive defense strategy requires thorough knowledge of the criminal justice system and the court where the crime is to be tried. If you have been accused of or charged with kidnapping, there are likely to be consequences in your personal life. Reaching out to a skilled criminal defense attorney allows you to focus on your personal life while the attorney builds your criminal defense.

FAQs

What Is the Penalty for Being Convicted of Kidnapping in Florida?

Kidnapping is charged as a first-degree felony, meaning a conviction could potentially result in life in prison and fines of up to $10,000. Additionally, you will have a felony criminal record, which can result in difficulty finding a job, loss of your professional license, or loss of voting rights. More than 1.1 million residents of Florida with a felony criminal record are banned from voting, frequently as a result of their inability to pay court-ordered monetary sanctions.

What Is the Minimum Sentence for Kidnapping in Florida?

The minimum sentence for kidnapping in Florida is 48 months, or four years, in prison. If you are convicted of kidnapping, the judge is required to set at least the minimum sentence of 48 months; however, they can impose a life sentence and fines of up to $10,000. Speaking with a criminal defense attorney can help you determine the potential penalties you are facing and how to defend yourself against these penalties.

What Qualifies as Kidnapping in Florida?

To qualify as kidnapping, a person must have been confined, abducted, or imprisoned forcibly, secretly, or by threat without lawful authority. The defendant must also have had the intent to hold the victim for ransom or reward, terrorize or inflict bodily harm upon the victim or another person, facilitate the commission of or commit a felony, or interfere with the performance of a political or governmental function.

Do I Need a Defense Attorney if I Have Been Charged With Kidnapping?

Utilizing an experienced defense attorney for a kidnapping charge is highly recommended. This charge is a first-degree felony, resulting in the potential to spend the rest of your life in prison or pay thousands of dollars in fines. It will also result in a felony criminal record that could have negative implications even after you serve an incarceration period. Working with an Orlando criminal defense attorney can help ensure your rights are protected and that you reach the most favorable outcome.

Orlando Kidnapping Lawyer

With decades of experience in criminal defense throughout Seminole County, the team at Robert B. Fisher, P.A., stands ready to defend our clients through the criminal justice system. If you have been charged with kidnapping in Orlando, reach out to our office for a consultation today.