When most people envision a kidnapping, they envision a scenario where a child predator snatches a young child from the sidewalk and pulling them into a vehicle before fleeing. But the reality is that stranger kidnappings involving children account for a fairly small portion of kidnapping cases.
In fact, the legal definition of kidnapping in Texas is quite broad and it can apply to many situations, such as those arising from a child custody battle or a domestic dispute. The potential penalties from a kidnapping or unlawful restraint case can be extremely serious and a serious felony such as this can haunt you for a lifetime. Therefore, it’s vital that you hire an experienced legal team to handle your defense.
You need an experienced attorney on your side who can step into the situation, examine your options and determine the best legal strategy to pursue. At the Law Offices of Jeffrey C. Grass, we have the experience and skills necessary to reach a successful outcome for your case. With more than 20 years of legal experience, our Dallas lawyers know what it takes to maximize your chances of seeing a positive outcome.
If you or a loved one are facing criminal charges such as kidnapping or unlawful restraint, contact the juvenile defense lawyers with the Law Offices of Jeffrey C. Grass as soon as possible. We serve clients in Dallas, Fort Worth, Plano, Collin County and the surrounding area. Arrange a free, fully confidential consultation session by calling (972) 422-9999.
Frequently Asked Questions and Concerns Regarding an Unlawful Restraint or Kidnapping Case
It can be a very frightening and stressful realization to find yourself charged with kidnapping or a related charge like unlawful restraint. But at the Law Offices of Jeffrey C. Grass, we have found that providing our clients with information and insight can serve to alleviate many of their worries. So our legal team has assembled an overview of the few most common questions that our law firm addresses on this type of case.
What is Considered Kidnapping in Collin County?
Kidnapping laws in Texas classifies abduction and kidnapping cases into three basic categories: first degree (which is the most serious), second degree and third degree (which is the least serious.)
Kidnapping refers to the act of intentionally and knowingly abducting another person. Abduction is defined as the act of restraining an individual with an “intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found; or using threatening to use deadly force.”
What is Unlawful Restraint in Texas Law?
Unlawful restraint is similar to kidnapping; it refers to intentionally and knowingly “restricting a person’s movements without consent so as to interfere substantially with the persons liberty, by moving the person from one place to another or by confining the person.’ This can be achieved with physical force, deception, or intimidation, amongst other methods.
Unlawful restraint is typically charged as a Class A misdemeanor, except in certain cases. Unlawful restraint may be charged as a state felony if the child was age 17 or younger. This offense may be charged as a third degree felony if a felony of the third degree if “the actor recklessly exposes the victim to a substantial risk of serious bodily injury; the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or the actor while in custody restrains any other person.”
What’s Considered Aggravated Kidnapping Per Collin County Law?
Aggravated kidnapping is considered more serious than a case without aggravating factors. Factors that may lead to charges of aggravated kidnapping include:
Holding the victim for a ransom or fee;
Using the victim as a hostage or human shield;
Terrorizing the victim;
Inflicting abuse or injury – including sexual assault – on the victim;
Using or showing a deadly weapon during the commission of the crime;
Kidnapping to aiding in the commission of a felony or to help escape after committing a felony; and
Kidnapping to interfere with “the performance of any governmental or political function.”
What are the Possible Penalties for Kidnapping?
In Texas, the penalty varies depending upon the nature and severity of the charge and the precise details of your case. Your criminal history also has a major impact on the potential sentence in your case.
A moderately serious third-degree felony can carry a punishment of two to ten years in prison and a fine of up to $10,000.
The most serious cases are charged as first-degree felonies, which can carry a penalty between five and 99 years in state prison, with a fine of up to $10,000.
Every case is unique. Your kidnapping defense lawyer will bring about the best possible outcome to your case. This can include securing a reduction in your charges or getting the charges dropped entirely. In other cases, you may be successful in negotiating a plea deal, while other clients prefer to proceed to trial.
Trust Our Texas Defense Lawyers to Represent Your Kidnapping or Unlawful Restraint Case
Kidnapping and unlawful restraint cases can carry some serious penalties for those who are convicted and this says nothing of the social stigma and the impact on your family, your career, your finances and your life as a whole.
At the Law Offices of Jeffrey C. Grass, we use a highly strategic approach as we work toward our goal of achieving the best possible outcome. Our law firm’s founder has more than 20 years of experience in the legal field. Attorney Grass served as a U.S. Navy Judge Advocate (JAG), in addition to achieving an AV® Preeminent Peer Review Rating from Martindale-Hubbell®.
If you or a loved one have been accused of kidnapping in Dallas, Fort Worth, Plano or the surrounding region, contact the criminal defense lawyers with the Law Offices of Jeffrey C. Grass for assistance. Schedule your fully confidential, no-cost case consultation by calling (972) 422-9999.
As my attorney you have literally turned the light back on my career! I can still scarcely believe how you were able to cancel the NPDB report and change my reference at my job of my incident into a favorable comment. I would highly recommend you to any off my colleagues out there that have also experienced serious ramification as the result of a data bank report.