Kidnapping and Unlawful Imprisonment in Alabama
Alabama Kidnapping and Unlawful Imprisonment laws are very serious and can carry harsh penalties. Both 1st and 2nd Degree Kidnapping are Felonies and 1st Degree Unlawful Imprisonment is a Class A Misdemeanor, which is the worst classification of misdemeanor. The two degrees of Kidnapping and Unlawful Imprisonment can put you behind bars for many years. Protecting yourself from the worst consequences is essential. Contact proven and experienced attorney Warren Freeman to help you fight these charges and help you move past these damaging allegations. It is crucial to remember that you have rights and there are legal strategies an attorney like Warren Freeman can give you to fight charges. Defenses depend on your specific situation and the various details of your case. Click here to contact Warren Freeman and schedule a consultation.
What are Alabama’s Kidnapping and Unlawful Imprisonment Laws?
The four offenses mentioned above; 1st and 2nd Degree Kidnapping and 1st and 2nd Degree Unlawful Imprisonment are similarly defined but have crucial legal differences. Their interpretation and your defense is best left to a criminal defense attorney. Although Unlawful Imprisonment charges are misdemeanor they still have serious consequences you probably want to avoid.
1st Degree Kidnapping
- Class A Felony. This can lead to decades in jail. The prosecution can press for this charge if they accuse the defendant of abducting someone and holding them for ransom, use them as a hostage, inflict injury or sexual abuse on the victim, terrorize the victim, abduct the victim during the commission of a crime, or if they abduct the victim to interefere with governmental or politcal functions.
- It is up to the defense to bring up mitigating factors (like the victim being voluntarily released unharmed) regarding this charge but the burden of proof is still on the prosecution.
2nd Degree Kidnapping
- Class B Felony. If the following elements apply then the prosecution can argue it is a 2nd Degree Kidnapping charge: a person (defendant) abducts another person (victim). It is not 2nd Degree Kidnapping if there was not a threat of physical harm, the two persons are related, and the goal was to establish lawful control of the abducted person.
1st Degree Unlawful Imprisonment
- Class A Misdemeanor. This occurs if a person restrains another person and puts them at risk of injury or harm
2nd Degree Unlawful Imprisonment
- Class C Misdemeanor. A person (relative) restrains a minor with the purpose of assuming legal control of the child.
Convictions for Class A Misdemeanors can result in up to a year in jail and thousands of dollars in fines, along with a criminal record. Class C Misdemeanors convictions can result in up to 3 months in jail and a fine up to $500.
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Contact Us today if you have been charged. Time is essential when it comes to this matter. The sooner you have an attorney by your side the better your chances of a proper defense are.