Kentucky Kidnapping Crimes
Kidnapping is one of the most well-known crimes, thanks in large part to its prevalence in movies and novels. Despite its name, kidnapping is not limited to the taking of children.
In Kentucky, kidnapping is the unlawful restraint of any person with the intent to hold that person ransom, advance a felony, to injury or terrorize the person, to hold the person for political purposes, to use the person as a hostage and/or to deprive parents of their child.
Interestingly, the degree of kidnapping can change based on the actions of the kidnapper after the kidnapping has occurred. Kentucky law rewards the kidnapper with a lower offense if the victim is returned unharmed and in a safe location. As you would expect – more harm done to the victim, the harsher the penalty.
In Kentucky, the level of crime charged for kidnapping is decided as follows:
- Kidnapping is a Class B felony if the victim is returned unharmed and in a safe location.
- Kidnapping is a Class A felony if the victim is returned but has serious physical injuries.
- Kidnapping is a capital offense if the victim dies as a result of the kidnapping or unsafe release from kidnapping.
Do Not Fight Your Kidnapping Charge Alone
Our skilled kidnapping criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our criminal defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.
It is important that the prosecutors know that you have attorneys who won’t back down. Walk into the courtroom with attorneys with a proven track record of success, who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.
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If you have been charged with kidnapping, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC drug attorney at 859-636-6803.
What are the penalties for Kidnapping in Kentucky?
Kidnapping is a Class B felony in Kentucky and carries a sentence of 10 – 20 years in prison. It also carries a fine of up to $10,000.00.
If the victim is seriously injured as a result of the the kidnapping or release, then kidnapping is a Class A felony and carries a sentence of 20 – 50 years in prison, or life imprisonment. It also carries a fine of up to $10,000.00.
If the victim dies as a result of the kidnapping or release, then kidnapping is a capital offense and the prosecution may seek the death penalty. If the Commonwealth does not seek the death penalty, kidnapping resulting in death can result in life in prison.
You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your kidnapping charges.
When it comes to kidnapping crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, kidnapping charges stem from hearsay and situations that have been misconstrued against you. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
Free Consultation & Case Review from our criminal defense lawyers.
CIR Legal’s kidnapping crime defense attorney services include offering a free consultation and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. Call our office at 859-636-6803 or fill out our form on this website to schedule your free consultation.
Want to know more? We have included Kentucky kidnapping laws below.
(1) A person is guilty of kidnapping when he unlawfully restrains another person and when his intent is:
(a) To hold him for ransom or reward; or
(b) To accomplish or to advance the commission of a felony; or
(c) To inflict bodily injury or to terrorize the victim or another; or
(d) To interfere with the performance of a governmental or political function; or
(e) To use him as a shield or hostage; or
(f) To deprive the parents or guardian of the custody of a minor, when the person taking the minor is not a person exercising custodial control or supervision of the minor as the term “person exercising custodial control or supervision” is defined in KRS 600.020.
(2) Kidnapping is a Class B felony when the victim is released alive and in a safe place prior to trial, except as provided in this section. Kidnapping is a Class A felony when the victim is released alive but the victim has suffered serious physical injury during the kidnapping, or as a result of not being released in a safe place, or as a result of being released in any circumstances which are intended, known or should have been known to cause or lead to serious physical injury. Kidnapping is a capital offense when the victim is not released alive or when the victim is released alive but subsequently dies as a result of:
(a) Serious physical injuries suffered during the kidnapping; or
(b) Not being released in a safe place; or
(c) Being released in any circumstances which are intended, known or should have been known to cause or lead to the victim’s death.
If you or someone you care about has been charged with a kidnapping charge in Kentucky, contact our reputable criminal defense lawyers or homicide lawyers as soon as possible by calling 859-636-6803.
A person may not be convicted of unlawful imprisonment in the first degree, unlawful imprisonment in the second degree, or kidnapping when his criminal purpose is the commission of an offense defined outside this chapter and his interference with the victim’s liberty occurs immediately with and incidental to the commission of that offense, unless the interference exceeds that which is ordinarily incident to commission of the offense which is the objective of his criminal purpose. The exemption provided by this section is not applicable to a charge of kidnapping that arises from an interference with another’s liberty that occurs incidental to the commission of a criminal escape.
If you or someone you care about has been charged with a kidnapping charge in Kentucky, contact our reputable criminal defense lawyers or homicide lawyers as soon as possible by calling 859-636-6803.
In any prosecution for unlawful imprisonment or kidnapping it is a defense that the defendant was a relative of the victim and his sole purpose was to assume custody of the victim.
If you or someone you care about has been charged with a kidnapping charge in Kentucky, contact our reputable criminal defense lawyers or homicide lawyers as soon as possible by calling 859-636-6803.
Federal Kidnapping Crimes
The federal government has its own laws regarding kidnapping offenses. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.
Most kidnapping offenses are handled by the Commonwealth, but if you are alleged to be kidnapping across state lines, on federal property, for political purposes and so on, you can be charged with a violation of federal law and tried in federal court.
There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.
Federal crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal charges have been filed against you, you need to call a trusted criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s kidnapping charges is the first step to building your defense and protecting your freedom.
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