An allegation of kidnapping can do more than just ruin your reputation. If convicted of kidnapping charges, you could spend more than a year in prison, and potentially up to life. In many situations, you could be looking at years behind bars. Since cases of kidnapping often evoke powerful emotional reactions, it’s common to see defendants overcharged in the beginning stages of the case. If you or somebody you love is facing kidnapping charges, you need to speak with an experienced criminal defense lawyer immediately about your options. Whether there were children involved or just adults, the sooner you speak with a lawyer after your arrest, the better.

What is Kidnapping?

By definition, kidnapping essentially occurs when any person who, without lawful authority and with or without intent to secretly confine, shall forcibly seize and confine another person. In Mississippi, if convicted of kidnapping, at a minimum, you can do a year behind bars. It’s also possible to do up to 30 years, or even life in prison, if a child was the victim.

Kidnapping a Child in Mississippi

In Mississippi, like most state, if you’re convicted of kidnapping a child, you could be looking at significantly tough penalties. If you’re convicted of kidnapping a child under the age of 16 against the will of the parents or guardian or person having the lawful custody of the child, upon conviction, you can be imprisoned for life in a federal correctional facility.

Kidnapping Charges During a Divorce

Not all cases of kidnapping involve unknown strangers. In fact, many cases involving kidnapping charges are associated with parental rights issues and custody disputes. Parents who are going through a divorce may not agree with each other’s parenting plans or claims to custody. It’s also not uncommon to see one parent falsely accuse another of kidnapping in order to make his or her own case for custody look more promising. If you’ve been arrested or charged with kidnapping during the middle of a divorce or custody dispute, you need a criminal lawyer who understands the complexities of your case and the many lawyers of legal issues you’re dealing with.

Additional Issues Frequently Associated With Kidnapping

  • Parental rights
  • Custody disputes
  • Unlawful transport
  • Felony investigations
  • Assault and battery
  • Unlawful restraint
  • Sex crimes
  • False imprisonment
  • Crimes against children
  • Domestic violence
  • Criminal restraint
  • Aggravated kidnapping

The Many Complexities of a Kidnapping Case

Kidnapping cases are rarely as simple as other types of felony criminal cases. Especially for parents who are going through a divorce or living in an unsafe environment, so-called kidnapping might be a person’s only means of protecting his or her children. If you fled from an abusive partner to protect yourself and your children, only to get arrested and charged with kidnapping after the fact, you need to speak with an experienced criminal defense attorney immediately.

Exercise Your Fifth Amendment Right

No matter what kind of criminal charges you’re facing, you need to exercise your fifth amendment right against self-incrimination. Many defendants fall into the trap of not wanting to look guilty. After all, shouldn’t we all do everything we can to help law enforcement officers to do their jobs, especially when children are involved? While, we definitely should help in any way we can, if you’re under investigation or if you have been charged with a crime, you need to politely ask to speak with your lawyer before talking to investigators. It’s your right, and you need to use it. Too many people waive their right against self-incrimination in an effort to keep from looking ‘guilty.’ You don’t need to worry about what you look like. You only need to worry about your rights and not throwing them away.

Hiring a Mississippi Federal Kidnapping Lawyer

Kidnapping cases are rarely straightforward and simple. It’s important to have a lawyer with a wide base of knowledge of both criminal and civil law to help you navigate the complex legal waters of a kidnapping case, whether you’re going through a divorce or you’re just facing criminal charges. These cases are chronically overcharged, and without a skilled and experienced lawyer fighting on your side, you risk being bullied into charges and penalties that are significantly blown out of proportion. After a kidnapping charge or arrest, ask for your phone call or to speak with your lawyer before any investigations or interrogations begin. If you or somebody you love is facing kidnapping charges in the Jackson Metro Area, contact the experienced team at Coxwell & Associates, PLLC at (601) 265-7766 for a free case consultation.


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