The attorneys at Boles Holmes White LLC are ready to discuss your kidnapping case with you. Kidnapping is a serious charge in the state of Alabama that could subject you to many years in prison. There are two degrees of kidnapping in Alabama, kidnapping first degree, and kidnapping second degree.
Kidnapping 1st applies to a number of circumstances in which the accused is charged with abducting another person against their will. Alabama Code 13A-6-43 covers Kidnapping in the first degree and states you are guilty if you abduct someone while intending to: hold them for a ransom; hold them hostage; use them as a shield; use them to aid or escape from the commission of a felony; injure them or sexually abuse them; terrorize them; or use them to interfere with a governmental function. The statute makes it clear that Kidnapping I charges would not apply to anyone who voluntarily releases the captive person unharmed prior to apprehension.
Kidnapping first in Alabama is a Class A felony, which means it is punishable by 10 years to life in prison.
Kidnapping 2nd applies to the abduction of another person that is not covered by Kidnapping 1st. Alabama Code 13A-6-44 governs kidnapping in the second degree and states that it is a Class B felony, subjecting anyone convicted of Kidnapping second from 2 years to 20 years in prison.
Kidnapping 2nd is a common charge in child custody situations when the non custodial parent or grandparent takes the child without permission. A common defense to this charge was that the child was taken with the intent to obtain lawful custody of the child.
If you are charged with kidnapping in Alabama, let the attorneys at Boles Holmes White LLC defend your case. You may be completely innocent, or you may simply be guilty of the less severe charges of unlawful imprisonment, or interference with custody. Let our attorneys provide you a free consultation today.