McKinney, TX Kidnapping Defense Attorneys
Lawyers for Charges of Kidnapping, Unlawful Restraint, and Related Offenses in McKinney, Texas
For many people, the word "kidnapping" brings up ideas of criminals who abduct children off the street. However, criminal charges related to kidnapping may involve a wide variety of other types of conduct, including situations where family members are kept under restraint in a home or one parent is accused of taking a child and preventing them from seeing the other parent. When addressing accusations of kidnapping, people will need to make sure they take the right steps to protect their rights, and they can do so with the help of a skilled attorney.
At Texas Defense Firm, we work with people who have been charged with offenses related to kidnapping, helping them respond to claims that they have abducted a child or someone else and show that they acted lawfully. We understand the issues that may arise in these cases, and we will work to help our clients defend against convictions while avoiding issues that could affect their family relationships. We have the skills and experience needed to address violent crime charges while protecting our clients' rights.
Unlawful Restraint
Some accusations of kidnapping may lead to charges of unlawful restraint. This offense involves actions in which a person has allegedly restricted another person's movements and interfered with their personal liberty. A person may be accused of keeping someone confined in one location or moving them from one location to another without their consent. An offense may involve the use of force or intimidation, or a person may be accused of using deception to keep someone restrained.
Unlawful restraint may be charged as a Class A misdemeanor, but an offense may be elevated to a state jail felony if the alleged victim was below the age of 17. A person could face third-degree felony charges if they allegedly put a person who was being unlawfully restrained at risk of serious bodily harm.
Charges of unlawful restraint may arise in a variety of situations. During an argument, one person may be accused of blocking a doorway or briefly holding onto another person against their will. These actions may lead to criminal charges even if there was no intent to confine a person for an extended period or move them to another location.
Kidnapping
The offense of kidnapping may apply if a person is accused of intentionally abducting someone. An abduction may involve holding a person against their will in a place where they are unlikely to be found, or it may involve restraint through the use of deadly force or threats to seriously injure or kill someone. Kidnapping is generally charged as a third-degree felony.
Aggravated Kidnapping
An offense may be elevated to aggravated kidnapping in certain situations. A person may be charged with this offense if they allegedly intended to hold someone for ransom or use them as a hostage, if kidnapping occurred while committing another felony offense, or if they allegedly intended to inflict serious injuries or sexually abuse the victim. Aggravated kidnapping is a first-degree felony offense.
Kidnapping Charges in Family Custody Disputes
In some cases, parents or other family members may be accused of kidnapping if they allegedly take a child without a parent's consent and refuse to return a child to a parent as required under a child custody order. In these cases, a person could be charged with interference with child custody. This offense is a state jail felony.
Defense Strategies in Kidnapping and Custody Interference Cases
Our lawyers can help clients determine how to respond to charges that they abducted someone, used unlawful restraint to keep someone confined against their will, or interfered with a parent's custody of a child. In cases involving charges of unlawful restraint or kidnapping, we may raise affirmative defenses, including showing that a person had taken steps to assume lawful control of a child and did not use force, threats, or intimidation. We may also challenge claims that deadly force was used, that a person was confined against their will, or that there was any intent to inflict an injury or commit sexual abuse.
In cases where parents or other family members are accused of interfering with child custody, we can review custody orders and address any claims that violations occurred. We may look at evidence such as text messages, location data, and communications between the parties to show that a person believed they were acting within their rights and that they did not intend to deprive a parent of lawful custody of their child.
Contact Our McKinney Kidnapping Defense Attorneys
Cases involving accusations of kidnapping can be complicated. Parents may face accusations of kidnapping, unlawful restraint, or interference with child custody based on misunderstandings or disputes over when and where they can live or travel with their children. Charges may be based on fabricated accusations that arise during family disputes, such as claims that a parent has kept a child confined against their will when they were engaging in ordinary discipline.
At Texas Defense Firm, we can help clients address charges of kidnapping, providing guidance on the best defense strategies to use to avoid serious criminal convictions. We will gather evidence to show that a person was acting lawfully and did not intend to abduct or unlawfully restrain someone. We will fight to protect our clients' rights and help them avoid convictions that could lead to lengthy prison sentences and other penalties. Contact our McKinney, TX kidnapping lawyers today at 972-369-0577 to schedule a free consultation.
