Indianapolis Confinement/Kidnapping Attorney
Trust Our Team Of Board-certified* Criminal Trial Specialists With Your Defense
Kidnapping is a serious offense that can result in years of imprisonment. When your life, future, and freedom are at stake, you need an experienced criminal defense attorney in your corner. With four Board-Certified* Criminal Trial Specialists and former prosecutors on our side, you can trust that our Indianapolis criminal defense lawyers at The Criminal Defense Team at Baldwin Perry & Wiley PC has the in-depth knowledge and experience to capably handle your case. With more than 1,000 criminal trials under our belts, we have one of the most experienced criminal defense teams in the state.
Are you in need of legal defense representation for criminal charges in Indiana? Contact The Criminal Defense Team of Baldwin Perry & Wiley PC for your free and confidential consultation.
How Our Confinement/Kidnapping Lawyers in Indianapolis Can Help With Your Criminal Case
As the name suggests, The Criminal Defense Team is singularly focused on criminal law. We know the ins and outs of Indiana criminal procedure and evidence rules. We are known for mounting aggressive defenses and championing the rights of our clients. When you hire our firm, we can help with your criminal case by:
- Reviewing the charging documents against you and explaining the nature of the charges
- Listening to your story and understanding what happened in your perspective
- Investigating the case to look for possible reasons why false allegations may have arisen or exploring other defenses
- Creating an effective criminal defense that is based on your particular circumstances
- Conducting legal research and preparing pre-trial motions, which can sometimes help get criminal charges against our clients dismissed
- Fighting to have evidence against you suppressed if it was illegally obtained or is more prejudicial than probative
- Carefully assessing the bias of potential jurors and moving to have them removed from the jury pool
- Aggressively negotiating for a favorable resolution with the prosecution
- Advocating for you at trial to include cross-examining witnesses and challenging evidence
- Arguing against harsh penalties and supporting your freedom based on mitigating factors
When you hire our firm, you get the benefit of an entire team, which consists of Board-Certified Criminal Trial Specialists, former prosecutors, and attorneys with over 110+ years of combined experience. We offer free and confidential consultations to explain how we can help. Contact us today to get started.
Indiana Criminal Confinement And Kidnapping Charges
Indiana Code § 35-42-3-2 defines the crime of kidnapping as knowingly or intentionally removing another person from one place to another by any of the following means:
- Fraud
- Enticement
- Force
- Threat of force
This crime is typically classified as a Level 6 felony in Indiana. However, it can be classified as a Level 5 felony if any of the following apply:
- The alleged victim is under 14 years old and not the defendant’s child.
- The crime is committed by using a vehicle.
- The offense results in bodily injury to anyone other than the defendant.
If the offense results in someone’s moderate bodily injury, the crime can be charged as a Level 4 felony.
Kidnapping is charged as a Level 3 felony if any of the following apply:
- Being armed with a deadly weapon
- Resulted in serious bodily injury to someone else
- Committed on an aircraft
The crime is classified as a Level 2 felony if it was committed while hijacking a vehicle or
with the intent to obtain ransom, obtain the release or aid in the escape of any person from lawful incarceration, or to use the alleged victim as a shield or hostage.
Indiana Code § 35-42-3-3 defines the separate offense of criminal confinement. This offense involves knowingly or intentionally confining another person without their consent. This offense is classified as a Level 6 felony, but like with kidnapping, it can be elevated to a harsher offense based on the same circumstances surrounding kidnapping charges.
What Are The Penalties For Criminal Confinement And Kidnapping Charges In Indiana?
Kidnapping and criminal confinement in Indiana can be charged as a Level 6 felony all the way to a Level 2 felony. A Level 6 felony can result in incarceration of between 6 to 30 months in prison. Level 2 felonies can face 10 to 30 years in prison. Defendants can also be ordered to pay hefty fines and face other orders of the court.
Indianapolis Defenses To Kidnapping Or Criminal Confinement
Just because you are charged with kidnapping or criminal confinement does not mean you will have to endure the consequences of a conviction. An experienced criminal defense lawyer can evaluate your case to determine potential defenses to raise. Some common defenses that are raised in these types of cases include:
- Consent – It is often a defense in these types of cases that you had the alleged victim’s permission. If they consented to go with you or acquiesced to the confinement, no crime may have been committed.
- Mistake – In some cases, you may have thought the alleged victim consented or you may have mistaken the law in a way that provides a valid defense to the charges.
- Legal authority – In some confinement cases, you may have the legal right to confine or restrain someone. A confinement and kidnapping lawyer in Indianapolis can evaluate your case to determine if this type of defense applies in your case.
- Failure to meet the burden – Indiana prosecutors must show that you committed every element of the crime by proof beyond a reasonable doubt. Our team will work hard to prove that the prosecution has failed to meet this high burden.
Learn what defenses you may be able to raise when you contact an experienced Indiana criminal defense attorney for a confidential consultation.
Need Criminal Defense Representation? Contact Our Criminal Defense Lawyers Today For A Free Consultation
If you are facing charges for criminal confinement or kidnapping in Indianapolis, it is crucial that you consult with an experienced confinement and kidnapping attorney in Indianapolis immediately about your case. The prosecution is building its case against you, and you need to fight back to protect your rights. The Criminal Defense Team is standing by, ready to help.
Call (317) 687-8326 for your free and confidential consultation with an Indianapolis kidnapping attorney.