Raleigh NC Kidnapping Attorney
Kidnapping is a serious felony in North Carolina, whereas a successful conviction could mean years behind bars in an NC correctional facility. Despite depictions of kidnapping in television or movies, however, the crime of kidnapping is often misunderstood. Whether you or a loved one has been charged with kidnapping or you are under investigation for this crime, it is essential to contact a Raleigh felony attorney as soon as possible. By contacting the Law Office of Dewey P. Brinkley, we’ll begin working with you, one on one, to explore the circumstances of the alleged offense and develop defense strategies to get you the best possible outcome.
Examples of Kidnapping
Perhaps the most well-known example of kidnapping involves the taking (and/or holding) of a person as ransom, as a hostage, or for use as a human body shield. Although this action falls under North Carolina’s definition of kidnapping (§ 14-39), there are many other ways that you can be charged with this felony offense. First, however, the State of North Carolina defines kidnapping as “unlawfully confining, restraining, or removing from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian.”
This legal definition applies if you are doing any of the following:
- Holding such other person for a ransom or as a hostage or using such other person as a shield; or
- Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or
- Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or
- Holding such other person in involuntary servitude in violation of G.S. 14-43.12.
- Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S. 14-43.11.
- Subjecting or maintaining such other person for sexual servitude in violation of G.S. 14-43.13.
There are two degrees of kidnapping according to the state, including:
- Class C Felony: The kidnapped person was not released in a safe place, was seriously injured, or was sexually assaulted. Possible punishments range from 44 to 182 months imprisonment and/or fines.
- Class E Felony: The kidnapped person was released in a safe place, was not seriously injured, or was not sexually assaulted. Possible punishments range from 15 to 63 months imprisonment and/or fines.
What is Parental Kidnapping?
One of the more common types of kidnapping in the Raleigh/Wake County area is known as “parental kidnapping.” In essence, if you or a loved one has violated custody or visitation rights and kept a child from the other parent, you could be charged with parental kidnapping. If the parent without physical custody (also known as sole custody) attempts to kidnap the child or keep the child from the parent with physical custody, then the offending parent faces a fine and/or up to three years imprisonment.
Contact a Raleigh Defense Attorney for a Free Consultation
If you are facing kidnapping charges in North Carolina, we at the Law Office of Dewey P. Brinkley have the experience and criminal defense representation that you need. Because of the lifelong consequences of a felony conviction, it is essential to contact your Raleigh kidnapping attorney as soon as possible. Once we hear from you, we’ll devote extensive resources and investigation into the circumstances surrounding the alleged offense.
Our ultimate goal is to achieve a not-guilty conviction or dropped charges; however, if the evidence is truly stacked against you, we’ll diligently work with prosecutors and the district attorney for reduced or alternate sentencing. For a free consultation regarding your case, you can call our Raleigh criminal defense law office today at (919) 832-0307.