Kidnapping Lawyer
Practice Areas
Baton Rouge Kidnapping Lawyer
Kidnapping is a serious felony offense that requires skilled legal defense services. When you need legal representation from Louisiana kidnapping lawyers, contact The Law Offices of Ossie Brown.
The Ossie Brown law firm has proudly served clients across Louisiana since 1984. Our team understands the incredible stress that those facing kidnapping charges are under. We also understand that such accusations are sometimes made unfairly. Alleged victims may misrepresent what occurred. Custodial parents may falsely accuse the other guardian of picking up a child without prior authorization. Whatever your case, our violent crime lawyers in Baton Rouge will aggressively advocate on your behalf. We’ll closely examine your case and determine which approach we can take to protect your rights.
Contact us today to learn how our team can help you avoid felony charges. Baton Rouge clients can call (225) 343-1111 to schedule their free consultation with our kidnapping defense attorneys.
What is Kidnapping in Louisiana?
Kidnapping is a crime that involves intentionally and forcibly taking any person from one location to another without his or her consent. Although the name implies that the victim is underage, kidnap victims can be children or adults. Since kidnapping involves the use of physical force, it is considered a violent crime.
Kidnapping vs False Imprisonment
False imprisonment occurs when someone unlawfully restricts another person’s freedom by confinement or detention. The perpetrator lacks the authority to confine or detain the other person and does so without their consent. The key difference between kidnapping and false imprisonment is that kidnapping involves forcibly moving the victim from one location to another, while false imprisonment occurs without moving locations.
Louisiana Kidnapping Statutes
Kidnapping charges in Louisiana can vary greatly depending on the circumstances of the crime. Louisiana law separates different types of kidnapping into multiple statutes. For this reason, it is crucial for persons facing kidnapping charges to hire an experienced kidnapping defense attorney. Your attorney should have a thorough understanding of the following statutes and know how to tailor legal defense to your unique situation.
Simple Kidnapping
According to La. RS § 14:45, simple kidnapping occurs when someone intentionally and forcibly seizes and carries a person from one place to another without that person’s consent. While some states specify that victims must be moved a substantial distance for the act to qualify as kidnapping, Louisiana makes no such stipulations.
This charge also includes enticing or taking a child under 14 years of age without parental consent. It may also apply when someone removes a person lawfully committed to a facility, such as a mental health institution or orphanage.
Second Degree Kidnapping
Second degree kidnapping involves committing specific acts and additional conditions affecting the kidnapped person. Under La. RS § 14:44.1, kidnapping acts include forcibly seizing and carrying someone from one place to another, enticing or persuading someone from one place to another, and imprisoning or forcibly secreting any person. This crime can involve the act of forcibly seizing officers and employees of a correctional or detention facility for any period of time.
The above acts qualify as second-degree kidnapping if, during the course of the crime:
- Perpetrators use the victim as a shield, as a hostage, to facilitate the commission of a felony, to facilitate flight after an attempt or commission of a felony, or to facilitate an escape
- Perpetrators inflict physical injury on or sexually abuse the victim.
- Perpetrators imprison or kidnap a victim for a substantial period of 72 hours or more.
- The perpetrators are armed with dangerous weapons or lead the victim to believe they are armed with a dangerous weapon, reasonably.
Aggravated Kidnapping
Aggravated kidnapping under La. RS § 14:44 is among the most serious charges and may involve threats of ransom, physical injury, or using the victim to commit another crime. These cases are prosecuted as a Class B felony with harsh penalties.
Aggravated Kidnapping of a Child
La. RS § 14:44.2 defines aggravated kidnapping of a child as the unauthorized taking, enticing, or decoying away and removing from a location a child under the age of 13 years. This act is committed by anyone other than a parent, grandparent, or legal guardian of the child. Perpetrators commit this offense with the intent of secreting the child away from their parent or legal guardian.
Is Kidnapping a Federal Crime?
Kidnapping becomes a federal crime when the perpetrator moves the victim across state lines. In such cases, both state and federal kidnapping charges apply. The stakes can be particularly high for federal kidnapping cases, so it is important to seek the services of experienced Louisiana federal crime lawyers. The Ossie Brown legal team has the legal know-how and criminal defense experience to help clients facing federal charges.
LA Kidnapping Sentence
Louisiana courts impose severe penalties on those charged with kidnapping. For example, a person accused of simple kidnapping may be sentenced to a prison sentence of up to 5 years with or without hard labor. Judges may also fine offenders up to $5,000. Additionally, simple kidnapping cases involving a victim under the age of 18 require offenders to register as sex offenders for life.
Potential sentences increase drastically for second-degree kidnapping charges. Judges may sentence offenders to imprisonment with hard labor for a period of 5 to 40 years. Offenders must serve at least 2 years of their sentence without the benefit of parole, probation, or sentence suspension.
Aggravated kidnapping, or kidnapping in which the perpetrators ask a ransom, can lead to life imprisonment with hard labor. Offenders do not have access to parole, probation, or sentence suspension.
Typically, aggravated kidnapping of a child results in a life sentence at hard labor without the possibility of parole, probation, or sentence suspension. However, if the child is returned without bodily injury and has not been sexually abused, offenders face a reduced sentence of 5 to 40 years.
Additional Consequences of Being Charged with Kidnapping
Those convicted of kidnapping face additional consequences outside of legal penalties. Accusation of kidnapping alone is sometimes enough to impact your reputation among friends, family, and colleagues. Conviction will almost certainly affect many of your personal relationships.
Conviction often limits both employment and housing opportunities. Like any felony, kidnapping will be noted on your criminal record. Employers and landlords may find evidence of the crime by running a background check when you apply for a job or to rent housing. Additionally, you may lose the confidence of previous business partners, further impacting your career.
Kidnapping charges can also severely impact Louisiana parents seeking custody of their children. Judges are less likely to award custody to a parent who has been charged with kidnapping.
Why You Need a Criminal Defense Attorney for Kidnapping Charges
The outcome of your case can shape the rest of your life. Hiring a kidnapping lawyer is a necessary step if you are accused of a felony offense involving force, restraint, or allegations of harm to a victim. In Louisiana, kidnapping charges carry some of the most severe penalties under state law.
The Law Offices of Ossie Brown builds strong defenses based on the facts of your case. Our legal team understands how prosecutors structure kidnapping cases and how to challenge them effectively.
The prosecution must prove the person accused acted without the alleged victim’s consent. In cases involving a minor, they must show the child was taken without permission from a parent or guardian. We may be able to present evidence that consent existed, or the facts were misrepresented.
Parental kidnapping charges sometimes arise from heated custody disputes or emergencies. In situations involving potential harm to a child, our child endangerment defense lawyers may argue the accused acted under duress or out of necessity. If you moved your child to protect them from danger, we will work to make your intentions clear and defend your rights in court.
Facing State or Federal Kidnapping Charges? Call a Baton Rouge Kidnapping Attorney at The Law Offices of Ossie Brown Today
The Ossie Brown legal team provides reliable criminal defense for various felony charges. Our practice areas include murder charges, gun-related crimes, federal charges, sex crimes, white collar crimes, and more. Backed by broad experience and substantial knowledge in criminal law, our attorneys guide Louisiana clients through the complicated process of fighting kidnapping charges.
If you’ve been charged with kidnapping, contact us today. We will evaluate your case and provide the legal representation you need to defend your rights. Call (225) 343-1111 or complete our online contact form to schedule your free consultation.
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