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In the state of North Carolina there are serious consequences associated with being charged and convicted of kidnapping. Any good Wake County Criminal Defense Lawyer can tell you that being charged with a crime like this is a felony class offense. The punishment for such charges can range from jail time and costly fines, so it is vital that you see counsel should you find yourself in this type of situation. This article will review kidnapping charges in North Carolina and the seriousness of the penalties for a conviction. The official definition for kidnapping in the court of law goes as follows, “the state declares in court that the person confined, restrained, or removed from one place to another, a person, without the person’s consent for a sole purpose”. As an example I will set up a scenario where I am representing a defendant charged with first degree kidnapping. This means that not only did the defendant abduct someone, or restrain someone, without their consent, but that the defendant also did not restrain this person in a safe area or caused them serious harm/injury. However, if those if those first degree charges were to downgraded to second degree that would mean the defendant was released safely or was not seriously injured in any form or fashion. Regardless, receiving kidnapping charges is considered a Class E felony. In our hypothetical situation with our hypothetical client, a Raleigh Criminal Defense Attorney is likely to draw assumptions that this kidnapping occurred with the intent to cause serious injury to the victim. However, the seriousness of the injuries of the victim is not relevant to the case. The only requirement under North Carolina state law is prove that there was intent to harm the victim, not proof that those injuries occurred. Therefore, when faced with these circumstances it is likely that your attorney will interrogate you to get as many facts on the case as possible. Since the state has the burden of proof, it is the prosecutions job to show that the defendant committed all elements of a kidnapping charge. So to protect their clients, a defense attorney must investigate each element they know the prosecution will have to prove. If your attorney is successful, you will not receive a conviction for these charges. It is important to keep in mind how serious kidnapping charges can be. As with any criminal charges the key to avoiding conviction is for the Raleigh Felony Lawyer to make sure the state satisfies all its burdens of proof in the case. After all, all people are innocent until proven guilty under the law. Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.
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