Kidnapping
Last Updated: January 18, 2024
This content has been written and edited by professional legal writers and individually reviewed and verified by Christopher Combs and Steven Waterkotte, attorneys who have over 40 combined years in the criminal defense industry.
Kidnapping Lawyer in St Louis: Protect Your Freedom and Future
The crime of kidnapping is not only a serious one. If you or a relative has recently been accused of, or charged with, kidnapping, Combs Waterkotte is here to help navigate the legal waters on your behalf. Our firm provides personalized legal services for all our St. Louis criminal defense clients and prides itself on total client satisfaction.
Kidnapping Laws in St. Louis and Missouri
Missouri's kidnapping statutes are some of the most comprehensive in the United States, and can be found beginning here with Missouri Revised Statute §565.110.
Protect your rights and freedom with Combs Waterkotte. Contact one of our criminal defense lawyers today at (314) 900-HELP for a confidential consultation.
The degrees of kidnapping in Missouri are as follows:
- First degree kidnapping is when a person is "unlawfully removed without their consent" for the purpose of extracting a ransom or reward, using them as a hostage, interfering with a political/governmental function, facilitating a felony or flight from justice, or inflicting physical injury. This is always a class A felony, punishable by 10-30 years in prison.
- Second degree kidnapping is defined as "knowingly restraining another person, unlawfully and without consent, so as to interfere substantially with their liberty and expose them to a substantial risk of serious physical injury". This is a class D felony, punishable by up to seven years in prison.
- Third degree kidnapping uses the same definition as second degree kidnapping, except without the line regarding exposure to physical injury. This is a class A misdemeanor (which has a sentencing recommendation of up to a year in city/county jail or a $2,000 fine) unless the person being restrained is taken outside Missouri state lines: then it becomes a class E felony (carrying a recommended sentence of up to four years in prison).
Missouri law also has special provisions for child kidnapping when the plaintiff is not a relative of the child they allegedly kidnapped (a class A felony), plus a special section (Missouri Revised Statute §565.153) that deals with "parental kidnapping". This is when someone who has the right to custody of a child "entices" the child away from someone else who also has the right to custody of that child, either within Missouri state lines or to another state, when a court order determining custody has not been made. Like child abduction (which in Missouri deals more with disputes that occur after custody/visitation rights arrangements have been made), this is a class E felony, but unlike child abduction, if the child is kept away from its legal guardian for longer periods of time, the charges can be upgraded.
Kidnapping statutes in Missouri are also unique in that they specifically outline a number of potential defenses against certain kidnapping charges. These defenses relate to kidnapping in the third degree (see here) and parental kidnapping/child abduction (viewable here).
What Combs Waterkotte’s St. Louis Kidnapping Lawyers Can Do For You
Facing kidnapping charges is a serious matter, and you need a dedicated St. Louis criminal defense team to provide you with the best defense possible. Combs Waterkotte is here to support you in your time of need.
Here’s why you should choose us for your kidnapping defense:
- Experienced in defending kidnapping charges in St. Louis.
- In-depth knowledge of St. Louis kidnapping laws for a strong defense.
- Personalized defense strategy based on case specifics.
- Comprehensive investigations to find evidence supporting innocence.
- Aggressive rights advocacy and prosecution case challenges.
- Access to expert witnesses for strong testimony.
- Sensitive approach to the impact of kidnapping charges.
- Focused on best outcome, via negotiation or trial.
Possible Defense for Kidnapping Charges in St. Louis, MO
If you’ve been charged with kidnapping in St. Louis, several common defense strategies can be employed:
- Showing legal custody at the time of alleged parental kidnapping.
- Asserting victim’s consent as a defense in willing accompaniment cases.
- Challenging intent in kidnapping, proving actions were accidental or unintended.
- Alibi proof, showing presence elsewhere during the alleged kidnapping.
- Highlighting potential misidentification by victims or witnesses.
- Presenting duress or coercion as a defense for defendant’s actions.
- Scrutinizing prosecution’s evidence for gaps or inconsistencies.
Your Rights When Accused of Kidnapping in St. Louis and Missouri
Being accused of kidnapping can be an overwhelming and frightening experience. An experienced St. Louis criminal defense attorney can help you understand your rights to protect yourself during legal proceedings:
- Right to remain silent to avoid self-incrimination; consult an attorney before speaking to law enforcement.
- Right to legal representation; recommended to retain an experienced kidnapping defense attorney.
- Entitled to due process, ensuring a fair and impartial trial.
- Right to a timely trial, preventing unnecessary delays.
- Can confront and cross-examine the prosecution’s witnesses.
- Right to review and challenge evidence presented against you.
- If convicted, the right to appeal the verdict for trial errors.
- Presumed innocent until proven guilty beyond a reasonable doubt.
Contact A Reputable St. Louis, Missouri Kidnapping Defense Lawyer
Combs Waterkotte is St. Louis’ highest-rated criminal defense law firms because they place client satisfaction at the heart of all that they do. Our firm works one-on-one with every single one of our clients to provide a unique, aggressive defense for their particular charges. We pride ourselves on being available for our clients at any time, day or night, to answer questions related to their case or to discuss how we will approach your defense. Contact us online or call (314) 900-HELP today to speak with an attorney and schedule a free, confidential review of your St. Louis kidnapping charges.