Kidnapping Lawyer Southern Illinois

Understanding Kidnapping Charges in Southern Illinois

In Illinois, kidnapping is a felony that can carry penalties that include significant fines and years of imprisonment. You can be charged with kidnapping if you knowingly confine another person against their will and move them from one location to another by using force or the threat of harm.

Importantly, “force” doesn’t only mean physical actions. Kidnapping can involve deceit, fraud, and enticement, as long as the alleged perpetrator had the goal of confining the person against their will.

Aggravated kidnapping is similar to kidnapping but includes at least one of the following aggravating factors:

• Targeting a victim who is under the age of 13 or mentally disabled
• Holding the victim for ransom
• Being armed with a dangerous weapon
• Concealing one’s identity
• Causing great bodily harm
• Committing another felony during the kidnapping

If you’re charged with kidnapping, you face the prospect of being convicted for a Class 2 felony, which is punishable by a prison term of three to seven years. Aggravated kidnapping is a Class X felony and can entail a prison term of between six and 30 years. There could also be an additional 15–25 years, depending on the crime’s severity.

Individuals who are convicted of a second aggravated kidnapping could face life imprisonment and up to $25,000 in fines. Additionally, the court may order them to pay restitution to the victim.

Because of the seriousness of these charges and the potential lengthy prison sentences involved, it’s vital to contact a qualified Southern Illinois criminal defense lawyer as soon as you’re arrested on suspicion of kidnapping.

Potential Impacts of a Kidnapping Conviction in Southern Illinois

Being found guilty of kidnapping means facing a prison sentence and, crucially, becoming a convicted felon. A criminal record can dramatically affect every aspect of your life. You might experience the following repercussions:

Limited Job Opportunities

Finding a job can be much more difficult if you’ve been convicted of kidnapping. Many employers are reluctant to hire applicants with criminal records. Moreover, some jobs may no longer be open to you, such as those involving security or working with vulnerable populations.

If your profession requires that you maintain a license, you may no longer be able to practice it. Most licensing bodies will rescind your credentials if you’re convicted of a crime like kidnapping.

Housing Issues

Finding a place to live could also be challenging following a conviction. Landlords typically perform background checks and might not so much as accept an application from someone with a criminal record.

Furthermore, if the conviction included any sex crime charges, such as sexual misconduct, criminal sexual abuse, or possession of child pornography, you could face restrictions on where you can reside. For instance, you may not be able to live near schools and similar locations.

Public housing would be out of the question, too, which could limit your options and place significant strain on your finances.

Education Challenges

Continuing your education at colleges or universities can be problematic with a criminal conviction. You would no longer be eligible for federal financial aid, which would narrow your education options considerably. Not being allowed near minors could make it all but impossible to return to school.

Loss of Certain Civil Rights

After being convicted, you may no longer be able to own firearms of any type. This could be a major loss for those who enjoy hunting or who value their Second Amendment rights. You would also lose your right to serve on a jury.

Social Stigma

Convicted felons are often subject to a severe social stigma. Your relationships may suffer, and you could find it difficult to make new friends. Such hardship could take a toll on your mental health, causing you to run the risk of isolation.

Defenses Against Kidnapping Charges in Southern Illinois

If you’re facing kidnapping charges, the seasoned team of criminal defense lawyers at Combs Waterkotte can put together an appropriate defense strategy to help you clear your name. Our attorneys may draw on any of the following defenses:

Consent

To be considered kidnapping, you must have manipulated the other person against their will. We can seek to demonstrate that the alleged victim agreed to go with you, potentially eliminating a vital definitional element and resulting in your charges being dismissed.

Lack of Intent

Another element that must be present for a kidnapping conviction is intent. The alleged perpetrator must have had designs to kidnap the victim. If there were no threats, and the victim wasn’t afraid, it could point to a lack of intent.

Even if the charges aren’t completely dismissed, showing a lack of intent can serve to reduce an aggravated kidnapping charge into a simple kidnapping charge.

Evidence Issues

Our lawyers will investigate to confirm that the prosecution’s evidence was obtained legally. If police officers violated your rights in any manner while searching your home or vehicle, for example, we could push to have any evidence they gathered thrown out.

Rights Violations

We’ll also look at how you were treated while in police custody. If you were mistreated, not read your Miranda rights in a timely manner, or denied any other rights, it may be possible to get your case dismissed.

Alibi

Proving that it wasn’t possible for you to kidnap the victim because you were somewhere else can be an effective way to clear your name. An alibi defense requires strong evidence, usually via witnesses, of where you were and what you were doing when the crime was committed.