Published in Criminal Law by Carey York on July 18, 2024.
Freedom of movement is a fundamental human right. The consequences can be devastating when that freedom is violently or deceptively snatched away.
Kidnapping is a serious crime with severe penalties in Indiana.
If you or someone you know faces a kidnapping charge, having a seasoned lawyer who understands the law, the local legal landscape, and how to build a strong defense is necessary to protect your rights and your freedom.
Today, the criminal defense attorneys at Eskew Law will provide a comprehensive overview of kidnapping laws in Indiana.
Overview of Kidnapping Laws in Indiana
Kidnapping is the illegal act of holding or taking another person with criminal intent. In Indiana, while the details of what defines kidnapping may vary, the core remains consistent: it violates personal freedom.
What Constitutes Kidnapping in Indiana?
In Indiana, kidnapping is defined under Indiana Code Section 35-42-3-2. The law states that kidnapping occurs when someone knowingly or intentionally confines another person with the intent to:
- Obtain a ransom,
- Use the person as a shield or hostage,
- Facilitate the commission of a felony or flight after committing a felony,
- Interfere with the performance of any governmental or political function, or
- Use the person for involuntary servitude.
These criteria emphasize the seriousness and diverse aspects of kidnapping charges. Notably, the intent behind the confinement or abduction is critical in defining the crime and the subsequent legal repercussions.
Types of Kidnapping Charges
The state recognizes multiple types of kidnapping, each with specific circumstances and penalties.
- Basic kidnapping. The intentional and unlawful confinement or removal of a person against their will. The perpetrator could execute the confinement or removal by the use of fraud or force.
- Aggravated kidnapping. If the abduction is accompanied by additional crimes, the charges are elevated to aggravated kidnapping. Typical accompanying crimes include physical harm, sexual assault, the involvement of a minor, or the use of a deadly weapon.
- Parental kidnapping. Involves a parent taking their child without legal right, often in violation of a child custody order. In Indiana, this is called interference with custody.
Regardless of the type, kidnapping is a serious crime that can result in lengthy prison sentences and lifelong consequences.
What Is the Sentence for Kidnapping?
Is kidnapping a felony or misdemeanor? In Indiana, kidnapping is automatically classified as a felony.
The severity of the felony charge can vary based on the circumstances and specifics of the crime. The level of felony largely determines the length of the sentence:
- Level 6 felony—this is the minimum sentence for kidnapping that ranges from 6 months to 2.5 years in prison, with an advisory sentence of 1 year;
- Level 5 felony—punishable by 1 to 6 years in prison, with an advisory sentence of 3 years;
- Level 4 felony—carries a sentence of 2 to 12 years of incarceration, with an advisory sentence of 6 years;
- Level 3 felony—punishable by 3 to 16 years in prison, with an advisory sentence of 9 years;
- Level 2 felony—punishable by 10 to 30 years in prison, with an advisory sentence of 17.5 years; and
- Level 1 felony—this is the most severe felony, carrying a sentence of 20 to 40 years in prison, with an advisory sentence of 30 years.
The severity of the crime and the circumstances surrounding it will determine the actual sentence imposed by the judge.
Factors such as your prior criminal record, aggravating or mitigating circumstances, and cooperation with authorities can influence sentencing decisions.
If you find yourself facing kidnapping charges, we know how scary this can be. But keep in mind that the prosecution must prove that you committed the crime beyond a reasonable doubt.
This is a high standard of proof, and there are effective defenses, and a seasoned criminal defense attorney will know how to mount a solid defense strategy.
Defending Yourself Against Kidnapping Charges in Indiana
An Indianapolis kidnapping lawyer with extensive experience in the field can guide you through the legal system and develop a strong defense. Potential defenses might include the following:
- Lack of intent—you did not intend to remove the victim from one place to another or did not use force or coercion;
- Mistake of fact—you mistakenly believed your actions were lawful or that the victim consented; and
- False accusation—the victim fabricated the story, or the incident stemmed from a misunderstanding.
It is essential to consult with an experienced attorney to determine the best defense strategy based on the case’s specific circumstances.
An attorney can also help negotiate with prosecutors and work toward a favorable outcome.
Why You Need an Indianapolis Kidnapping Attorney
A skilled attorney can make the difference between a severe penalty and a more favorable outcome. An experienced kidnapping attorney will:
- Analyze the charges—they will carefully examine your case to find weaknesses in the prosecution’s evidence;
- Build a strong defense—a strong defense strategy is crucial, whether it involves questioning the intent behind the alleged kidnapping or disputing the conditions of confinement;
- Negotiate plea deals—negotiating a plea deal can result in reduced charges or lighter sentence; and
- Provide expert representation—an experienced attorney can guarantee an effective and persuasive presentation of your case in court.
A skilled Indianapolis kidnapping attorney can also provide valuable guidance and support to help you make informed decisions about your case.
Understanding the seriousness and complexity of the charges is crucial for anyone accused of kidnapping in Indiana.
From the definitions and types of kidnapping to the severe penalties and the importance of skilled legal representation, being informed is your first step toward addressing this challenging situation.
Your Defense Against Kidnapping Charges: Eskew Law
Kidnapping charges are not something to be tackled alone. Eskew Law, understands the gravity of such accusations and possesses a proven track record of success in defending clients facing a wide range of criminal charges, including kidnapping, assault, and drug offenses.
Our team of dedicated and experienced Indianapolis kidnapping attorneys will work tirelessly to build a strong defense on your behalf.
Contact us today for a free consultation. We can overcome this difficult circumstance and work together to achieve the best result.
