Phoenix Domestic Violence Kidnapping Defense Attorney
Kidnapping Defense Lawyer in Phoenix, Arizona
The main and often most contentious factual element of a kidnapping charge is the intent or mindset of the accused. Arizona Law makes a significant distinction between the crimes of unlawful imprisonment and the much more serious offense of kidnapping. The intent of the accused is the only difference between the two offenses. Under Arizona Law, an unlawful imprisonment can be charged as a kidnapping where the accused restrains the alleged victim with the intent to either:
1. Hold the victim for ransom, as a shield or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or such third person.
5. Interfere with the performance of a governmental or political function.
6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.
If a deadly weapon such as a gun or a dangerous instrument such as a knife is used during the commission of the kidnapping, the offense can be files as a dangerous crime. In Phoenix, dangerous offenses are very serious in that a conviction requires a prison sentence. In other words, regardless of how inclined the judge may be to give the defendant the benefit of the doubt and place them on probation, the mandatory sentencing provisions of our law requires the court to impose a prison term For a domestic violence kidnapping conviction in Phoenix, the penalties could be very grave. A class two dangerous felony mandates an absolute minimum sentence of seven years in the state department of corrections. That sentence can be increased up to a maximum of twenty-one years in prison. If a person is convicted of a dangerous kidnapping, a sentence within the range must be imposed by law, even if the defendant has no criminal history whatsoever.
Phoenix Domestic Violence Defense Lawyer
When charged or arrested for domestic violence kidnapping, it is critical that you consult a seasoned Phoenix kidnapping attorney immediately. An experienced Phoenix domestic violence kidnapping defense lawyer like Joshua S. Davidson will fight for you and put his experience as a former felony prosecutor to work for you. He is a Phoenix kidnapping attorney who will seek the best possible outcome fro your case and protect your rights.
Joshua S. Davidson is an aggressive domestic violence defense lawyer who represents clients charged with kidnapping in Phoenix, Arizona. Contact him today.