When you hear about kidnapping, the image that probably comes in mind is stealing and keeping children against their will. Yes, this type of incident happens. However, the more realistic example of kidnapping is one of the parent simply thinking that they can care for their child better and violate the custody order by keeping the child with them.
If you have been charged with kidnapping, then connecting with a Pittsburgh domestic violence lawyer will be helpful for you.What is Kidnapping?
The definition of Kidnapping can be varied in Pennsylvania. There are number of ways that can prove that a person might be guilty for the crime.Kidnapping
When a person removes another person "substantial distance under the circumstances from the place where he is found," or they illegally confines a person for a long time in isolation, it will be considered as kidnapping. This might include:
- Holding the person for ransom or reward
- Helping in fleeing from felony or fleeing from felony
- Inflicting bodily injury on the person or terrorizing them
- Interfering government and public officials to perform their duties.
Kidnapping can be a first degree felony when these circumstances are involved.Unlawful Restraint
This can happen when a person:
- Restrains another person illegally while exposing them to the risks of bodily injury.
- Holding someone in the condition of involuntary servitude
When committed against an adult, this is a first degree misdemeanor and when the victim is a minor, it is a second degree felony.Interfering with the Custody of Children
When someone is taking the child ignoring the custody order from their parent, legal or local guardian
or supervisor, it is considered to be an interference with the custody of children. This is a third degree felony. However, if the defendant doesn’t know that it can pose a serious threat to the child, this becomes a second degree felony. If the following incidents happen, then the crime will be a second degree felony:
- The defendant did it in good cause
- The time is less than 24 hours
- The defendant has the partial custody of the child
The penalties will vary on the types of offenses and the situations involved.
- First-degree felony: A first-degree felony is punishable by up to 20 years of jail time, and fines up to $25,000.
- Second-degree felony: A second-degree felony is punishable by up to 10 years of jail time, and fines up to $25,000.
- Second-degree misdemeanor: A second-degree misdemeanor is punishable by up to 2 years of jail time, and fines up $5,000.
There are various scenarios that might lead to kidnapping charges:
- The defendant takes the child away from a parent and remove them from the state
- The defendant takes the child away from the other parent who has the primary custody of the child
- If the defendant has joint custody of the child and they break it by taking them away
- Preventing parents’ access to a child
For dealing with the charges, you must get in touch with Pittsburgh domestic violence lawyer. At Logue Law Group, we can help you with the changes and get the most positive outcome. Give us a call today.