A person commits the crime of second-degree kidnapping in Alabama when he kidnaps another person. However, a person shall not commit an offence under this section if: In Alabama, first-degree kidnapping is a Class A felony. Second-degree kidnapping is a Class B felony. According to the Alabama Code, § 13A-5-11, a penalty for paying a fine for a felony must be a certain amount, determined by the court of no more than $60,000 for a Class A felony and no more than $30,000 for a Class B felony. According to Section 13A-5-6 of the Alabama Code, penalties for felonies are imposed for a specific prison sentence, life imprisonment or not more than 99 years or less than 10 years for a Class A felony and no more than 20 years or less than 2 years for a Class B felony. Kidnapping 2. applies to the abduction of another person who is not the subject of the abduction 1. Alabama Code 13A-6-44 regulates second-degree kidnapping and states that it is a Class B felony that subjects anyone convicted of kidnapping to 2 years in prison from 2 years to 20 years. The abduction 2. is a common charge in custody situations when the non-custodial parent or grandparent takes the child without permission.
A common defence to this charge was that the child had been taken with the intention of obtaining lawful custody of the child. If you`re charged with kidnapping in Alabama, let lawyers at Boles Holmes White LLC defend your case. You may be completely innocent, or you may simply be guilty of lesser charges of unlawful detention or interference with detention. Get free advice from our lawyers today. A parent within the meaning of the Abduction Act is defined as a parent, step-parent, sibling, ancestor, uncle, aunt or legal guardian, whether a natural parent or marriage. A kidnapping attorney in Alabama can review the evidence and raise any defense that is true. This could mean arguing that the constituent elements do not apply or that the prosecution has not met its burden of proof to prove the evidence beyond a reasonable doubt. First-degree kidnapping is a Class A felony.
If the perpetrator voluntarily releases the victim unharmed, this may be a defence to first-degree abduction. However, this does not preclude prosecution for less serious offences. The accused must raise the issue of voluntary and safe release, but the prosecution must still prove all the elements of the crime without a doubt. If you are charged with first-degree kidnapping, a kidnapping attorney can help you dismiss or reduce the charges. If you`re charged with kidnapping in Alabama, you face violent fines, community service, and time spent in a state or federal prison as violent crimes. Alabama also makes parental abduction a crime in certain circumstances. It is important to understand the difference between parental abduction, unlawful detention and typical allegations of abduction. If you are ever charged with kidnapping, seek legal advice from a kidnapping attorney in Alabama as soon as possible. Abduction is a very serious crime punishable by long prison sentences.
However, if you`re charged with kidnapping in Alabama, it`s important to remember that you still have rights and options that you need to consider. Your intention at that time, whether or not there was violence and whether or not you are related to the alleged victim, may be taken into account in your defence. An experienced kidnapping attorney at Alabama Criminal Lawyers can help you present the best possible defense after a thorough review of your case. Therefore, you have no legal right to keep your child away from their birth mother unless you have asserted your paternity rights and obtained a court order determining your custody and access. A charge related to abduction (because the charge involves physical control over another person) is interference with detention. A person commits the crime of interfering with custody if he abducts or attracts: Parental abduction cases can be complex as they can affect the laws of more than one state and can be considered a crime as well as a violation of previous custody orders. If you`re considering moving with your child, talk to an attorney beforehand to make sure you`re not breaking any previous laws or court orders by moving away from the state. According to Alabama Code 13A-6-43, the charge of kidnapping is a very serious offense with a lengthy prison sentence and heavy fines if convicted. A person commits the crime of first-degree kidnapping when he abducts another person who 1) holds him for ransom 2) uses him as a shield or hostage 3) aids or abets him to commit a crime or to escape 4) inflicts bodily harm or inflicts sexual injury or abuse on him 5) terrorizes him or another person, or (6) interferes with the performance of any governmental or political function. The most serious crime of kidnapping in Alabama is first-degree kidnapping. A person commits first-degree abduction when he abducts another person with intent: The dominant element of the offence of kidnapping is the intent with which the acts enumerated in the laws are committed.
[i] Alabama laws classify abduction into two categories: first degree and second degree. Under Alabama law, Code of Ala. § 13A-6-43, a person commits the crime of kidnapping in the first degree when he abducts another person with the intent: A person does not commit the crime of first-degree kidnapping if he voluntarily releases the victim alive and without serious bodily harm to a place of safety prior to arrest. The burden of proof on the issue of voluntary and safe release lies with the defendant. However, this does not change the burden of proof. In some situations, you may be charged with parental abduction if you remove your child from your parents` care without the parent`s consent or court permission. Custody cases involving children who have been removed from the state are governed by the Prevention of Parental Abduction Act (PKPA), which establishes laws for parental abduction situations in each state. Taking your children out of court jurisdiction without permission can affect your custody rights, even if you are not charged with a crime.
It is important that a person not commit the crime of first-degree kidnapping if they voluntarily release the victim alive and do not sustain serious bodily harm prior to arrest. The lawyers at Boles Holmes White LLC are ready to discuss your kidnapping case with you. Kidnapping is a serious charge in the state of Alabama that could lead you to many years in prison. There are two degrees of kidnapping in Alabama, first-degree kidnapping and second-degree abduction. Second-degree abduction refers to the abduction of another person and is a Class B felony. A person commits second-degree abduction if the following conditions are met: (2) The actor is a relative of the abducted person, and the Alabama Department of Public Safety`s Community Information Center acts as an information portal for the general public. It informs the public about adults and missing children. In the Alabama Penal Code, detention of a person is defined as a restriction on a person`s freedom of movement illegally and without consent. Coercion is without consent when it is obtained through physical violence, threats or intimidation. If the person is under 16 years of age, unlawful detention means restriction by any means by a person who is not his or her parent, legal guardian or without the consent of his or her guardian. (3) to commit or assist in committing or escaping from a crime; or The burden of raising the question of defence rests with the defendant. However, this does not change the burden of proof.
The abduction 1. applies to a number of circumstances in which the accused is charged with abducting another person against his or her will. Alabama Code 13A-6-43 covers first-degree kidnapping and states that you are guilty if you kidnap someone when you intend to: hold them for ransom; hold them hostage; use them as a shield; use them to aid or escape the commission of a crime; sexually injure or abuse them; terrorizes them; or use them to intervene in a government function. The law specifies that the charge of kidnapping I does not apply to a person who voluntarily releases the detainee unharmed before arrest. Abduction first in Alabama is a Class A felony, meaning it carries a 10-year life sentence. (b) No person shall commit an offence under this Division if, (1) The purpose of the abduction is not to use or threaten to use lethal force If you or a loved one has been examined, arrested or charged with 1st degree abduction or 2nd degree abduction, call (251) 301-0362 today. Your freedom may depend on it. A person is guilty of 2nd degree abduction under Alabama Code 13A-6-44 if he abducts another person. Grade 2 kidnapping is a Class B felony. A person commits a first-degree unlawful prison sentence if they detain someone in a manner that poses a risk of serious bodily harm.