Criminal Defense Lawyers Hotline
Criminal Defense Lawyers Home PageAbout Attorney Search Network - Criminal Defense LawyersContact Criminal Defense LawyersFind Criminal Defense LawyersCheck on a Criminal Defense Lawyer
Attorney Search Network - Lawyer Referral Service
Contact Criminal Defense Lawyers Go back to Home Site Map
American Bar Association

Violent Crimes
» Murder
» Robbery and Burglary
» Assault and Battery
» Domestic Violence
» Vehicular Manslaughter
» Weapon Offenses
» Arson
» Kidnapping
» Assault & Battery
» California Criminal 3 Strikes Law
» Derivative Crimes
Sex Crimes
» Rape / Sexual Assault
» Child Abuse / Child Molestation
» Solicitation / Prostitution
Alcohol & Drug Related Crimes
» Drunk Driving (DUI / DWI)
White Collar Crimes
» Fraud
» Embezzlement
» Extortion and Bribery
» Counterfeiting and Forgery
» Perjury
» Smuggling

Kidnapping Defense Lawyers

Kidnapping, in criminal law, offense involving taking and conveying away a person against his or her will, either by force, fraud, or intimidation. Originally the word applied only to the abduction of children, but early in English law it was employed to designate the same offense with regard to adults. Formerly, in common law, the offense of kidnapping was confined to the taking of persons from their own to another country, but such a restriction does not exist in the common law today.

In most of the U.S. the crime of kidnapping is defined by statute. Merely enticing a competent adult away is not sufficient to constitute the crime. The crime can only exist when an abduction is carried out against the will of the person, either actually or constructively. For example, inducing a laborer to go to a distant place to work, by holding out extravagant promises that the employer does not intend to fulfill, does not come within the scope of this crime; but getting a sailor intoxicated and taking him aboard a strange ship, with design to detain him until the vessel is under way, and then to persuade or coerce him to serve as a seaman, has been held to constitute kidnapping.

Kidnapping is also committed if the consent to such removal is induced by fraud, or if the victim is legally incompetent to give a valid consent, as in the case of a young child or of a feeble-minded person. The essential elements of kidnapping and of false imprisonment are about the same, except that the former includes, in addition to a detention, the act of carrying away the victim to another place, usually for the purpose of avoiding discovery.

The penalty for kidnapping is generally severe in the U.S., and most states also make it a crime to attempt or conspire to commit a kidnapping. A federal law, popularly known as the Lindbergh Act, which was enacted in 1932 after the kidnapping of the child of the American aviator Charles Lindbergh, makes it a federal crime, punishable by life imprisonment, to kidnap a person and transport that person to another state. This law was amended in 1934 making conspiracy to commit a kidnapping also a federal crime. In 1968 the U.S. Supreme Court invalidated that section of the Lindbergh Act that gave the jury the power to recommend the death penalty for kidnapping.

A person legally entrusted with the custody of another may not, of course, be guilty of kidnapping that person. A parent, however, may be guilty of kidnapping his or her own child if custody of the child has been given to another by court order or decree. When the parents have separated without legal decree, one may take the child from the other even by trick or deception, without committing the offense of kidnapping.

If you of someone you know has been accused of kidnapping, you or that person need inmediate assistance. Call us or click here to find a qualified criminal defense attorney in your area.

Find a Criminal Defense Attorney

Copyright © 2000 - *** Attorney Search Network | Disclaimer | Site Map | Links |

California State Bar Certified Lawyer Referral Service, Certification # 113

Meets All American Bar Association Standards for Lawyer Referral Services
Recognized as a Bona Fide Lawyer Referral Service in the State of Georgia

Copyright © 2000 - Attorney Search Network All Rights Reserved.

Our attorneys and law firms may be able to help you in some of the following area of law:
Bankruptcy Lawyers | Business Lawyers | Burn Victim Lawyer | Centro Legal Latino | Centro Legal Hispano | Criminal Defense Lawyers | Drunk Driving lawyers | Estate Planning Lawyers | Elder Abuse Lawyers | Employment Law Lawyers | Family Law Lawyers | Federal Criminal Lawyers | Immigration Lawyers | Insurance Lawyers | Personal Injury Lawyers | Real Estate Lawyers | Injury Lawyers Referral | Serious Injury Lawyers | Social Security Lawyers | Tax Lawyers | Truck Accident Lawyers |Whistle Blower Lawyers | Workers Compensation Lawyer

Attorney Search Network service the following counties:
Alpine County Lawyers | Amador County Lawyers | Calaveras County Lawyers | El Dorado County Lawyers | Georgia Lawyer Referral | Los Angeles Lawyers | Napa County Lawyers | Orange County Lawyers | Sacramento County Lawyers | San Bernardino Lawyers | San Diego Lawyers | San Francisco Lawyers | Santa Clara Lawyers | Solano County Lawyers | Sonoma County Lawyers | Tuolumne County Lawyers | Riverside Lawyers | Yolo County Lawyers

Attorney Search Network Main sites
Attorney Search Network | Get A Referral | Brain Victim-Help Center | Burn Victims Lawyers | Law for USA | California Attorney | Criminal Defense | Lawyer Bureau | Search for Attroney | State Bar Associations | State Bar Certified LRIS