Aggravated Kidnapping is a serious felony charge. If you’ve been accused of this crime, you need to know the relevant laws and why it’s necessary to hire a criminal defense attorney to represent you.
What Is ‘Aggravated Kidnapping’ in Texas?
Texas Penal Code, Section 20.04 – Aggravated Kidnapping, states:
“(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.”
Penalties for an Aggravated Kidnapping Conviction
As mentioned above, Aggravated Kidnapping in Texas is a first degree felony. A conviction carries the following penalties:
- Prison term of 5 to 99 years, or a life sentence
- A monetary fine of up to $10,000
Note that Aggravated Kidnapping may be a second degree felony if the defendant “voluntarily released the victim in a safe place.” A conviction for a second degree felony in Texas carries the following penalties:
- Prison term of 2 to 20 years
- A monetary fine of up to $10,000
Felony convictions also come with other consequences, such as a loss of reputation. A prison sentence is time away from one’s friends, family, and career.
Aggravated Kidnapping: Possible Defenses
There are several possible defenses to charges of aggravated kidnapping.
A lack of evidence. These accusations can stem from a domestic dispute or romance gone bad, often hinging on “he said/she said” testimony. The prosecution must prove beyond a reasonable doubt that aggravated kidnapping actually occured.
The alleged victim willingly went with you. There was no “abduction” on which to build an aggravated kidnapping charge. For example, some child custody cases become very heated. One parent is intent on making the other parent’s life miserable with baseless accusations.
Illegally obtained evidence. Law enforcement must obtain evidence in a legal manner. For example, they must have a valid search warrant or your expressed permission to search your home.
Aggravated Kidnapping in Texas: FAQs
Below are answers to some of the most frequently asked questions about Aggravated Kidnapping charges. This information is a general overview of the law and is not meant to be a substitute for consulting a Kidnapping defense attorney about your specific case.
What’s the difference between “Kidnapping” and “Aggravated Kidnapping”?
In Texas, both kidnapping and aggravated kidnapping involve “intentionally or knowingly” abducting another person.
Aggravated kidnapping is a more serious charge that includes another element or elements, such as holding someone for ransom or as a hostage, inflicting bodily injury, and using a deadly weapon.
More information about Kidnapping and Aggravated Kidnapping can be found in Texas Penal Code, Chapter 20. Kidnapping, Unlawful Restraint, And Smuggling Of Persons.
How long do you go to jail for Aggravated Kidnapping in Texas?
That depends on the outcome of your case, if you face additional charges, and if you have a prior criminal record.
Aggravated Kidnapping is a first degree felony, but may be reduced to a second degree felony if the defendant “voluntarily released the victim in a safe place.”
What is the lowest sentence for Aggravated Kidnapping?
Again, that depends on the case outcome. As a first degree felony, Aggravated Kidnapping can carry a prison term of 5 to 99 years, or a life sentence.
Aggravated Kidnapping Defense Lawyer in Plano, TX
Attorney Kent Starr knows that a conviction for aggravated kidnapping has lifelong consequences for the accused and their loved ones.
A felony record can limit your job opportunities and potentially cause you to lose professional licenses and/or prohibit you from working in certain industries. Additionally, some landlords won’t rent to someone with a felony conviction on their record, which may limit where you and your family can live.
If you’ve been accused of aggravated kidnapping in Texas, Attorney Starr’s goal is the same as yours — the best possible case outcome for your situation, one that has the least impact on you and your future.
Accused of Aggravated Kidnapping? Contact Starr Law, P.C. Today
There are numerous Plano criminal defense law firms who represent clients facing serious felony charges like aggravated kidnapping. What sets Attorney Kent Starr apart is his skilled defense, experience, and determination.
Is a myth that a plea bargain is always the best possible option. In fact, some lawyers will push their clients to take a plea bargain because they are inexperienced in a trial setting, intimidated by the judge or prosecution, or just plain lazy.
You won’t get that lack of effort with Starr Law, P.C.
Just read through and watch Attorney Kent Starr’s client reviews. Again and again, you will see how he has represented clients for as long as it takes — sometimes years — to achieve the best possible outcome.
Attorney Starr also has the advantage of being a bail bonds attorney. If you are being held at the Collin County Detention Facility or other jail, he can secure your release and start representation, all with one phone call. For a free consultation, contact Starr Law, P.C. today at 214-982-1408.
Resources
Texas Penal Code, Chapter 20. Kidnapping, Unlawful Restraint, And Smuggling Of Persons
Texas Penal Code, Chapter 12. Punishments
