What is Kidnapping in Arizona A.R.S. 13-1304?
When someone is charged with the crime of kidnapping in Arizona A.R.S. 13-1304, the government must prove beyond a reasonable doubt that the person knowingly restrained another person with the intent to do any of the following:
- Hold the victim for ransom, as a shield or hostage, or
- Hold the victim for involuntary servitude, or
- Inflict death, physical injury or a sexual offense on the victim, or otherwise aid in the commission of a felony, or
- Place the victim or third person in reasonable apprehension of imminent physical injury, or
- Interfere with the performance of a governmental or political function, or
- Seize or exercise control over any airplane, train, bus, ship or other vehicle.
There are numerous ways a kidnapping may occur. An example is to hold or restrain a person to commit a sexual offense such as a rape. Another example is to hold or restrain someone by not allowing that person to get away from the perpetrator who is beating and punching the person or to threaten to beat or punch that person. A key factor to be proven by the government to a charge of kidnapping is the restraining of the other person. This restraint must be done with knowledge or intent and must be proven beyond a reasonable doubt.
Should someone be charged with the crime of kidnapping in Arizona, an experienced criminal defense attorney is needed to protect the rights of the accused. That experienced criminal defense attorney is Brian DiPietro. He has more than 37 years of experience in criminal law, and has the knowledge and toughness necessary to fight for those rights.
What are Penalties for Someone Charged with the Crime of Kidnapping in Arizona A.R.S. 13-1304.
Kidnapping in Arizona A.R.S. 13-1304 is a serious crime and carries with it a severe penalty. The penalty is second only to murder and the consequences of conviction are substantial.
- Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before committing any of the acts listed in the statute. Under this circumstance the kidnapping is a class 4 felony.
- If the victim is released by agreement with the government and without any physical injury, it is a class 3 felony.
- If the victim is under 15 years of age kidnapping is a class 2 felony.
- The sentence for kidnapping of a victim under 15 years of age shall run consecutively to any other sentence imposed on the defendant. This means that should a conviction for another felony count occur then the sentence for the kidnapping count runs after the sentence for the first count conviction. For example the judge sentences to prison for 10 years on both counts the total time in prison is 20 years.
Defenses to the Crime of Kidnapping in Arizona A.R.S. 13-1304.
Depending on the circumstances of the charged offense there are several defenses to the crime of kidnapping in Arizona A.R.S. 13-1304.
Mistaken identity could be a defense to a kidnapping charge.
A defense could be the victim was not being held for ransom, or as a shield or for involuntary servitude. And likewise, the victim may not have been sexually assaulted or physically injured.
Brian Di Pietro Law, PLLC Arizona Experienced Tough Aggressive Lawyer for a Kidnapping Charge
Call now Brian Di Pietro Law, PLLC at 623-242-2655, for an experienced and knowledgeable Arizona criminal defense attorney such as Brian Di Pietro when a facing a charge of kidnapping or any criminal charges. He will be able to analyze the facts surrounding the charge and determine the sufficiency of the government's case, and especially how to defend against the accusation. Mr. Di Pietro has over 38 years of experience as a prosecutor and tough, aggressive criminal defense attorney. He will be extremely helpful to anyone who is charged in Arizona with the offense of kidnapping.