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Federal Kidnapping Attorney

Federal kidnapping charges are especially serious and can carry severe, life-altering penalties upon conviction. If you’ve been charged with federal kidnapping or international parental kidnapping, it is crucial to immediately speak with a top-rated Miami federal criminal defense lawyer. This ensures your attorney has sufficient time to build an optimal defense strategy tailored to your case.

Law Offices of Barry M. Wax delivers dedicated criminal defense across Miami. From consultation to court, we fight for your best outcome. Call today for the legal representation you need.

State Kidnapping Charges Versus Federal Kidnapping Charges

Kidnapping is the unlawful violent crime of taking another person against their will. Kidnapping will typically involve subjecting the victim to false imprisonment, confinement against their will, forcing them into a vehicle in order to transport them to another location, or other similar misconduct.

Kidnapping, in this sense, is a separate and distinct offense from parental kidnapping or international kidnapping, in which a parent takes a minor child against the terms of a custody order or other court ruling. Many cases of non-parental kidnapping are handled within the state courts according to the state’s specific legislation concerning the unlawful activity.

However, some instances warrant the kidnapping charges falling under federal jurisdiction and prosecution in federal court. Federal kidnapping is defined as the unlawful seizure, confinement, kidnapping, abduction, or relocation of another person for ransom, reward, or other motive; this excludes cases of a parent unlawfully taking custody of a minor child. These are situations that may invoke the involvement of the federal government:

  • The defendant willfully kidnaps and transports the victim across state lines or in foreign commerce. Even if the victim is deceased when their body crosses a state line, the crime is still considered to be interstate kidnapping.
  • The defendant themselves travels interstate in the perpetration of the kidnapping or uses interstate commerce (e.g., mail, banking system, or other methods/facilities with interstate interaction) to commit the kidnapping.
  • Kidnappings that transpired in the special maritime or aircraft jurisdictions belonging to the United States
  • Kidnapping of a U.S. or foreign government official, the misconduct occurring while the victim is carrying out their official duties or implementing their status as a government official. This circumstance also applies to internationally protected people or official guests of the nation.
  • International parental kidnapping of a minor under 16 years of age by removing the child from the United States

An experienced attorney can help you understand why you have been charged on a federal level versus a state level. They can also explain the types of potential criminal penalties you will face. This is especially important to understand, as some types of federal kidnapping charges can carry the death penalty.

Fighting Against a Charge of Federal Kidnapping

Federal crimes are especially serious since they are subject to harsher penalties compared to state convictions, and showing up as a federal felon on background checks can have adverse impacts on your future even after completing your sentencing. It’s important to retain the legal representation of an experienced federal defense attorney to present a strong case on your behalf.

Your criminal defense lawyer may argue that there was no intent to collect ransom or relocate the supposed victim. Other defense arguments may include claiming a case of mistaken identity or that no kidnapping took place if the actions were not against the person’s will— granted that the victim is an adult capable of consent (not impaired, incapacitated, etc.).

FAQs About Federal Kidnapping Law

Should I Hire an Attorney if I Have Been Charged With Kidnapping on a Federal Level?

It is recommended that you hire a criminal defense attorney any time you have been charged with a crime, but it is especially true if you face a serious federal charge like kidnapping. Navigating the criminal justice system is not easy and can be incredibly challenging for someone not trained in the law. Working with a federal criminal defense attorney means you can focus on your personal life while they handle the legal aspects of the charges you face.

What Constitutes Kidnapping in Legal Terms?

The legal definition of kidnapping is the unlawful seizing, confining, kidnapping, abducting, or carrying away of a person with the intent to hold them against their will in exchange for ransom, a reward, or other motive. Parental kidnapping is a separate offense in which the parent or designated guardian of a minor child— regardless of whether parental rights were revoked –takes or attempts to take that child in violation of a court order.

Do Federal Courts Have Jurisdiction Over Kidnapping Cases?

The federal courts have jurisdiction over cases of federal kidnapping or those that involve federal crime. Qualifying conditions include victims being transported in interstate or foreign commerce, the defendant using interstate commerce or traveling state borders to commit the kidnapping, the crime being committed within the special maritime or special aircraft jurisdictions of the U.S., or international parental kidnapping.

Federal courts also have jurisdiction if the victim is a U.S. or foreign government official, internationally protected person, or official guest of the country,

What Federal Agency Investigates Kidnapping?

The Federal Bureau of Investigation (FBI) is the main government agency that handles alleged kidnappings charged at the federal level. FBI agents are obligated to investigate the situation, collect relevant evidence, and apprehend any person suspected of involvement in a federal kidnapping.

If a kidnapping doesn’t include elements of criminal activity on the federal scale or there are no concurrent federal offenses, the kidnapping charges will be investigated by state law enforcement.

What Is the Maximum Sentence for a Federal Kidnapping Conviction?

The maximum sentence for a federal kidnapping conviction depends on the circumstances of the case. In general, however, the more serious the circumstances, the more severe the potential penalties. Any aggravating circumstances, such as the death of the victim, will increase the penalties faced. It is crucial to work with a skilled federal defense attorney, as they may be able to present mitigating factors to help reduce the criminal penalties you can be given.

Experienced Federal Criminal Defense

At the Law Offices of Barry M. Wax, you can entrust your federal criminal case to our legal team. We can connect you with a skilled defense attorney with years of practical experience representing clients in federal court. Schedule a consultation today.

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