Austin Kidnapping Defense Attorney

Fighting for Your Freedom After Kidnapping Charges in Texas

Kidnapping charges in Texas range from a Class A misdemeanor to a first-degree felony, depending on what the state alleges. The experienced criminal defense attorneys at Cofer & Connelly, PLLC defend people charged with kidnapping in Austin and across Texas. We will carefully advise you of your options and defend you and protect your rights.

For more information, contact our Austin kidnapping defense lawyers at Cofer & Connelly, PLLC by calling (512) 991-0576or online.

Due to the impact that a felony can have on someone's life, you may be wondering:

• What is kidnapping?
• Can a parent be convicted for kidnapping if it is their child?
• What are the penalties for kidnapping?
• Is kidnapping a federal crime?
• What are potential defenses to a kidnapping charge?

What Is Kidnapping in Texas?

In Texas, kidnapping occurs when a person intentionally and knowingly takes another person without permission. There are three classifications for kidnapping: first-degree, second-degree, and third-degree. Several types of kidnapping may occur in Texas that may result in charges ranging from a misdemeanor up to a first-degree felony, including:

• General Kidnapping
• Aggravated Kidnapping
• Unlawful Transport
• Unlawful Restraint

General Kidnapping

Under Texas law, kidnapping occurs whenever a person intentionally or knowingly takes another person against their will or, in the case of a child, without the parent or guardian's consent.

Kidnapping generally results in a third-degree felony charge. The penalty ranges for each level of offense are listed in the penalties section below.

Aggravated Kidnapping

Under Texas law, aggravated kidnapping is the most severe kidnapping charge. It occurs when someone intentionally or knowingly takes another person against their will and uses them for ransom, leverage, hostage, or as a human shield. This charge also results from the kidnapping victim being terrorized, suffering bodily harm, or suffering sexual abuse. Additionally, kidnapping can rise to aggravated assault if a deadly weapon was used during the crime or if the offender interfered with a government or political function.

Generally, aggravated kidnapping will result in a first-degree felony. Aggravated kidnapping carries harsher penalties, leading to life in prison and up to $10,000 in fines.

Unlawful Transport

Under Texas law, unlawful transport occurs when someone kidnaps another person, so they are hidden from law enforcement, and there is a significant risk of suffering serious bodily injury. Generally, unlawful transport is a third-degree felony unless the following occurs:

• The offender acts in a way that creates a substantial likelihood that the kidnapped person will suffer serious bodily injury. If this occurs, it will be considered a second-degree felony.
• If the kidnapped individual is under eighteen (18), the offense will be considered a second-degree felony.
• The kidnapped individual becomes the victim of sexual assault or aggravated sexual assault, resulting in a first-degree felony.
• The kidnapped individual suffered a serious bodily injury, resulting in a first-degree felony charge.

Unlawful Restraint

Under Texas law, an unlawful restraint occurs when someone intentionally and knowingly restrains another person against their will but does not transport them from the location. Unlawful restraint is usually charged as a Class A misdemeanor in Texas, resulting in up to 12 months in jail and a fine of up to $4,000.

What Is the Definition of a Deadly Weapon Under Texas Law?

According to Texas law, a deadly weapon is considered the following:

• A firearm or anything made, adapted, or even designed for the purpose of inflicting death or serious injury to another person; or
• Anything capable of causing death or serious injury to another person while being used in the way it was intended.

In short, a deadly weapon is anything used in a way that is capable of causing death or serious injury.

Can a Parent Be Charged With Kidnapping Their Own Child in Austin, TX?

In certain circumstances, under Texas law, a parent can be charged with kidnapping their own child. Generally, in these cases, a divorce or custody proceeding is pending or finalized, and a parent takes the child in violation of court orders. To be convicted of parental kidnapping, the prosecution is required to show that the individual taken was under the age of eighteen (18) years of age and the offender committed one of the following:

• The defendant knows that the kidnapping violates the express terms of a judgment or order of a court disposing of the child’s custody;
• The defendant has not been awarded custody, knows that a divorce or custody case has been filed, and takes the child out of the geographic area of the counties composing the judicial district;
• The defendant takes the child outside of the United States with the intent to deprive another person who is entitled access to the child and without the knowledge of that other person; or
• A noncustodial parent intentionally interferes with the lawful custody of a child or knowingly persuades the child to leave the custody of the custodial parent or guardian.

Sex Offender Registry in Texas

Under Texas law, if a case involves a sexual assault, the offender may be required to register as a sex offender. There are three risk levels for offenders on the registry, which depend on whether the individual is likely to commit another sex crime in the future. The registry is public, and depending on the risk level, police departments and schools may be notified.

What Are the Penalties for Kidnapping in Texas?

Under Texas law, penalties for kidnapping can range from a misdemeanor to a first-degree felony. In Texas, a misdemeanor can be one of three categories.

Felony Penalties in TX

A felony charge can range from third-degree at the lowest range to first-degree, which is the most severe felony charge.

• Third-Degree Felony: Two to ten years in prison and a fine of up to $10,000.
• Second-Degree Felony: Two to twenty years in prison and a fine of up to $10,000.
• First-Degree Felony: Life in prison and a fine of up to $10,000.

Misdemeanor Penalties in TX

There are three classifications for misdemeanors, starting at Class C, the least severe misdemeanor, and ending at Class A, the most severe misdemeanor.

• Class C Misdemeanor: This does not generally result in jail time but instead a fine of up to $500.
• Class B Misdemeanor: Up to 180 days in county jail and a fine of up to $2,000.
• Class A Misdemeanor: Up to 12 months in jail and a fine of up to $4,000.

Is Kidnapping a Federal Crime in Texas?

Most kidnapping charges in Texas are filed under state law and carry the penalties listed above. In some circumstances, kidnapping can also be prosecuted in federal court, and a federal case is handled separately from a state case.

Defenses to Kidnapping in Texas

There are several defenses that a knowledgeable defense team will implement to protect their client's rights effectively. A common defense is that the prosecution did not prove every element of kidnapping. For example, it is required that the defendant intentionally or knowingly abducted another person. Therefore, if the alleged victim got into someone's car and hid in the back of their SUV where the defendant could not see them and the defendant went to another state, then that is not kidnapping because they did not knowingly or intentionally take the alleged victim with them.

More defenses include but are not limited to the following:

• Consent of the Victim: The individual must be taken against their will or, if a minor, without the parent or guardian's permission. For example, if a child consents to someone taking them from the playground but the parents did not consent, it can still be considered kidnapping. Consent of the victim or victim’s guardian means no kidnapping occurred.
• Duress: The defense of duress is available to a defendant when they are coerced to kidnap another person because a third party threatened the defendant with physical force or violence on their immediate family if the defendant did not kidnap the victim.
• Mistake: In some situations, a defendant charged with kidnapping may be successful in showing that they believed they were acting legally when they took the individual. However, this is generally not the most successful defense because a lack of knowledge of the law is usually not a strong way to sway the jury.
• Double Jeopardy: In some situations, a defendant cannot be charged with a crime that elevates a kidnapping charge and the elevated kidnapping charge because of double jeopardy. However, if the charges are distinct, the defendant can be charged with kidnapping and another, even if they occurred together. For example, someone can be charged with kidnapping and murder, even if all the crimes occurred against the same individual.

Our Austin Kidnapping Defense Attorneys Are Here to Defend You

The Austin kidnapping defense lawyers at Cofer & Connelly, PLLC have a track record of success defending individuals charged with kidnapping and kidnapping-related charges. These are serious charges that require skilled, experienced attorneys in Austin, TX. Our success is due to our ability to defend our clients strategically.

If a family member or friend has been arrested on a kidnapping charge, our attorneys also handle jail release. Kidnapping is one of several violent crimes we defend.

To schedule a free consultation with one of our Austin kidnapping defense attorneys, contact us today by calling (512) 991-0576 or by filling out a form online.