Charged With Kidnapping?
Talk To A Chicago Criminal Defense Attorney
A charge of kidnapping is an extremely serious accusation. A conviction in Illinois can result in a life sentence. Needless to say, stakes are extremely high when attempting to defend someone against this type of charge.
Fortunately, there are many possible defense strategies that I can employ to preserve your freedom. The type of defense we are able to mount together as a team will depend on the circumstances of your case, but just because you are charged, does not mean that you are guilty.
Some of the possible defense that I may be able to use on the defendant’s behalf are:
Consent of the victim. If the victim agreed to go with the defendant, then the possibility exists that the consent will be the overriding factor in certain cases.
Ignorance or a mistake. If a defendant does not believe they are committing an act of kidnapping, or it can be shown that the facts surrounding the case led the defendant to believe they were mistaken about the facts of the case, then this may provide a solid defense platform. In some instances, a defendant may be able to introduce evidence to show that they thought they were acting under the proper authority of law, perhaps in situations such as child custody cases. Some courts will allow this as a defense and allow it as a justification.
Coercion or duress. If it can be proven that a person committed a kidnapping due to a threat from another individual to do harm to them, this can be an effective defense strategy as well. A defendant must be able to prove that they were under the threat of death or great bodily harm if they did not comply with committing a kidnapping.
Insanity. A defendant may admit that they committed a kidnapping, but can contend that they are not guilty by reason of insanity at the time of the crime. If this defense is introduced, then the prosecution must prove beyond a reasonable doubt that the defendant is sane.
The key to mounting an effective kidnapping defense is to dig deep to uncover all the facts of the case and find the most effective way to present them to a judge and jury. It is not a quick or easy task, but there are options that can be employed in many cases to preserve a defendant’s freedom.
David M. Smith Attorney at Law, PC serves clients in Chicago, Cook County and surrounding Illinois communities.