Many people probably are surprised to find that kidnapping can be a state crime and not just a federal crime. Imagine their surprise when they find that aggravated kidnapping can be added to the state charges. Most people probably associate kidnapping charges with the federal government – the Federal Bureau of Investigation generally takes the lead in kidnapping cases, after all. But the state can have a role as well, and that is true in Texas. The state has two charges covering kidnapping crimes – and if you face aggravated kidnapping charges, it is serious indeed.
Texas Law Escalates Penalties for Aggravated Kidnapping
In Texas, the state charge of kidnapping essentially applies any time a person abducts or restrains another person against their will. That is a third-degree felony. That might seem like a fairly light charge, but Texas law contains an escalating element. While the state charge of kidnapping applies when you hold another person against their will, aggravated kidnapping requires an additional element or elements. Aggravated kidnapping also requires that you intentionally or knowingly abduct another person intending to deprive them of their freedom to leave. The elements that escalate a charge of kidnapping to the charge of aggravated kidnapping include:
- Holding a person for ransom
- Using a person as a shield – usually to prevent police from taking action against you — or as a hostage
- Using another person to facilitate committing a felony or using another person to facilitate you escape after committing or attempting to commit a felony
- Inflicting bodily harm or injury upon the kidnapping victim, or sexually abusing the victim
- Terrorizing the kidnapping victim or any third person
- Interfering with any government or political function by means of the kidnapping
All of those aggravating factors are listed under the first subsection of the statute. The subsection introduces the trump card, the act that turns kidnapping into aggravated kidnapping no matter what else you do or do not do — using or showing a deadly weapon when committing the offense of kidnapping. The weapon need not be a firearm; any deadly weapon will do. And a deadly weapon can be anything that can be used or adapted to cause death or serious injury. If you use an everyday item as an item in a manner that could cause death or serious injury, that is a deadly weapon.
If you are charged with aggravated kidnapping, that is a first-degree felony. If you are convicted, you are facing at least five years in prison, and possibly a term of up to 99 years. You also could face a fine of up to $10,000. During the punishment phase of a trial you can get the charge reduced to a second-degree felony by showing you voluntarily released the kidnapping victim in a safe place. That is still good for a prison term of from two to 20 years and up to a $10,000 fine, but it is an improvement.
If You are Facing Aggravated Kidnapping Charges Houston, Contact Madrid Law Firm
Aggravated kidnapping is a serious charge, and you should seek serious help if you are facing such a charge. You need an experienced and proven criminal defense attorney. Contact the Madrid Law Firm and talk to just such an attorney who can help you.
