Miami Kidnapping Attorney

Defending Against Kidnapping Charges in Florida

Kidnapping charges are serious and can result in severe consequences, so having a skilled attorney on your side is essential. The Law Offices of Eric M. Matheny, P.A., is your trusted legal partner regarding kidnapping cases in Florida. Our Miami kidnapping lawyer is here to help you navigate this challenging legal terrain and fight to protect your rights.

Call The Law Offices of Eric M. Matheny, P.A. today at (305) 504-6655 or contact us online to schedule a consultation with our kidnapping lawyer in Miami.

What is Kidnapping?

Kidnapping is a criminal offense in which one person unlawfully takes, detains, abducts, or restrains another individual against their will. In the state of Florida, kidnapping is defined under Florida Statute 787.01. To be charged with kidnapping, the prosecution must prove that the defendant:

• Intentionally and without lawful authority,
• Abducted or confined another person,
• Against their will or without their consent.

It is crucial to note that the victim's consent plays a significant role in kidnapping cases. If the alleged victim willingly went with the defendant, it may not meet the criteria for kidnapping. However, cases can become complex, and the specific circumstances of each case can vary significantly. 

What are the Penalties for Kidnapping in Florida?

The punishments for kidnapping in Florida are severe, and they depend on various factors, including the specific details of the case, whether a firearm or other dangerous weapon was used, and whether the victim suffered any harm during the abduction. The potential consequences for a kidnapping conviction may include:

• Prison Time: Kidnapping is a felony offense in Florida, and the penalties can range from a few years to life in prison, depending on the circumstances.
• Fines: Conviction may result in substantial fines, which may reach up to tens of thousands of dollars.
• Probation: In some cases, probation may be imposed, subjecting the convicted individual to various restrictions and requirements.
• Criminal Record: A kidnapping conviction can have a long-lasting effect on your criminal record, making it challenging to find employment and housing, and damaging your reputation.
• Civil Consequences: Kidnapping victims may also pursue civil lawsuits for damages, which can result in significant financial liability for the convicted individual.
• Sex Offender Registration: In cases where sexual assault is involved, the convicted individual may be required to register as a sex offender.

Defenses Against Kidnapping Charges

Some common defenses against kidnapping charges may include:

• Lack of Intent: Demonstrating that there was no intent to kidnap the alleged victim, or that the defendant had a reasonable belief that the victim consented to the movement.
• Consent: Proving that the alleged victim willingly went with the defendant without any force or threat.
• Mistaken Identity: Providing evidence that the wrong person was charged or that the alleged victim's identity is in question.
• Alibi: Establishing that the defendant was not present at the time or place of the alleged abduction.
• Duress or Necessity: Arguing that the defendant was forced to commit the act because of threats or imminent danger to themselves or others.
• Insufficient Evidence: Challenging the prosecution's evidence, witnesses, or procedures used in the case.

Contact Our Miami Kidnapping Lawyer Today

At The Law Offices of Eric M. Matheny, P.A., we are committed to providing aggressive and experienced legal representation to safeguard your rights and ensure the best possible defense. Our Miami kidnapping attorneys are here to help you understand your legal options, develop a strategic defense, and guide you through the legal process. Trust us to fight for your rights when your future is on the line.

Contact The Law Offices of Eric M. Matheny, P.A. today to get started with our Miami kidnapping attorney.