Kidnapping

When people hear the term “kidnapping,” they often picture dramatic scenarios involving strangers persuading children into cars, abducting them in broad daylight, or sneaking into homes under cover of darkness. While these events do happen, the reality is that most kidnappings are carried out by non-custodial parents who defy custody agreements or get entangled in family disputes. These parents may believe they’re acting in the child’s best interest, but by violating custody orders, they risk facing kidnapping charges or other related offenses.

Definition of Kidnapping

In New Castle, like the rest of Pennsylvania, several laws address the crime of kidnapping, providing various criteria for determining when someone may be found guilty of the charge.

Kidnapping

Kidnapping occurs when someone unlawfully confines another person in an isolated location for a considerable period or forcibly relocates them a “substantial distance under the circumstances.” The act must also fall within one of the following intentions to constitute kidnapping:

• To hinder government officials or public servants in performing their duties.
• To hold the person for ransom, reward, or as a hostage.
• To intimidate or terrorize the victim or others, or to inflict bodily harm.
• To assist in escaping or committing a felony.

Under these circumstances, kidnapping is classified as a first-degree felony in New Castle and throughout Pennsylvania.

Unlawful Restraint

Unlawful restraint happens when someone restricts another person’s freedom in any of the following ways:

• Confining a person to a situation of involuntary servitude.
• Preventing someone from leaving when they face serious risks of physical harm.

If the victim is an adult, the offense is considered a first-degree misdemeanor. When children are involved, however, the charges increase to second-degree felonies. If you’ve been confronted with the above-stated charges, it’s best to have a New Castle DUI attorney by your side to craft a robust defense strategy

Interference with Custody of Children

One of the most typical forms of kidnapping stems from interfering with the custody of children. This occurs when someone knowingly or recklessly entices or takes a minor under 18 away from their legal guardian, parent, or lawful custodian. That’s why you need to seek help from New Castle criminal lawyers for the best assistance.

The seriousness of this charge depends on whether the offender knew their actions would cause alarm for the child’s safety. Generally, it’s classified as a third-degree felony. However, the charge becomes a second-degree felony if the offender had knowledge of the potential harm they could cause.

Additionally, some circumstances might escalate the charge:

• If the offender had visitation rights or partial custody.
• If the child was unlawfully kept for less than 24 hours.
• If the offender believed they had “good cause” for their actions.

If you’re facing such situations, consulting an experienced New Castle DUI attorney is essential.

Penalties for Kidnapping

Kidnapping penalties vary according to the severity of the offense and the specifics of each case. Below are some potential penalties associated with kidnapping convictions in New Castle:

• First-degree felony
  • Fines of up to $20,000
  • Prison terms of up to 20 years
• Second-degree felony
  • Fines of up to $25,000
  • Prison terms of up to 10 years
• Second-degree misdemeanor
  • Fines of up to $5,000
  • Prison terms of up to 2 years

It’s important to note that kidnapping cases often overlap with family law. Violating custody agreements could carry further consequences during family court proceedings. If you’re navigating such complexities, consulting with a trusted New Castle criminal lawyer can help secure your rights.

Defenses for Kidnapping Charges

Kidnapping cases often arise from complicated circumstances. There are several defenses to such charges, depending on the intent and context:

• Custody Order Compliance

If the accused can prove they did not violate any custody arrangements, charges might not hold.

• Child’s Preferences

Sometimes, a child may prefer staying with one parent over the other and may not comply with the custody order. This can unintentionally lead to violations.

• Child Safety Concerns

A parent might claim they removed the child from harm due to suspected abuse, neglect, or drug-related dangers involving the custodial parent. When safety outweighs the violation, this could serve as a defense.

If you’re dealing with kidnapping charges arising from family disputes, consulting a skilled New New Castle DUI attorney is crucial to navigating the legal challenges ahead.

Examples of Kidnapping

Kidnapping can occur in various settings, such as:

• Preventing a parent from accessing their child.
• Taking a child without familiarity and transporting them to another state.
• Violating joint custody agreements for longer than 24 hours.
• Removing your child from the primary custodial parent’s care.

Not every case neatly falls into the definition of kidnapping. These cases often involve complexities that require legal expertise to resolve.

Kidnapping cases are not black and white—they often involve intricate details that require careful examination. If you’re facing charges in New Castle, you need an experienced New Castle criminal lawyer by your side. Reach out at 844.PITT.DUI to a legal professional who can safeguard your rights and provide the guidance you need.