Kidnapping

When people think of kidnapping, the image that often comes to mind is a stranger persuading a child into their car or snatching someone away in the dead of night. However, while such incidents do occur, the majority of kidnapping cases involve non-custodial parents violating custody agreements. These parents often believe they are acting in the child’s best interest, but violating a custody order can lead to serious legal consequences, such as kidnapping charges or related offenses.

At Logue Law Group, our experienced Erie criminal lawyers can help you understand the nuances of these charges and build a strong legal defense.

What is Kidnapping?

Legal Definition of Kidnapping in Pennsylvania

Under Pennsylvania law, kidnapping can occur under various conditions. A person is guilty of kidnapping if they:

• Unlawfully confine another individual in an isolated location for a significant amount of time.
• Take another person a “substantial distance under the circumstances” from where they were originally found.

The intent behind the act must fall into one of these categories:

1. To hinder government or public officials from performing their duties.
2. To hold the person for ransom or reward.
3. To instill fear in the victim or others, or to cause physical harm.
4. To assist in engaging in or fleeing from a felony.

Under Pennsylvania law, kidnapping is classified as a first-degree felony, which carries severe penalties.

Unlawful Restraint

Aside from kidnapping, another related charge is unlawful restraint. This occurs when an individual:

• Holds someone against their will in a condition of involuntary servitude.
• Prevents someone from leaving a situation where they face a serious risk of injury.

Penalties for unlawful restraint depend on the victim’s age:

• When committed against an adult, it is categorized as a first-degree misdemeanor.
• When committed against a minor, it escalates to a second-degree felony.

Interference With Custody of Children

One of the most common forms of kidnapping involves interference with the custody of a child. This happens when an individual knowingly or recklessly entices or takes a minor under the age of 18 away from their parent, legal guardian, or lawful custodian.

The severity of this offense depends on intent. By default, it is a third-degree felony, but it may escalate to a second-degree felony if the offender was aware their actions would cause serious concern or danger to the child.

Certain mitigating circumstances may apply:

• The offender has visitation rights or partial custody.
• The offender kept the child for less than 24 hours.
• The offender acted with “good cause” for their behavior.

If you’re dealing with potential charges in Erie County, our skilled team at Logue Law Group is here to guide you through the legal process. Whether you need the expertise of an Erie DUI attorney we’re on your side.

Penalties for Kidnapping and Related Charges

Kidnapping penalties depend on the severity of the offense and related circumstances, as outlined below:

• First-degree felony:
  • Fines of up to $20,000.
  • Prison sentences of up to 20 years.
• Second-degree felony:
  • Fines of up to $25,000.
  • Prison terms of up to 10 years.
• Second-degree misdemeanor:
  • Fines of up to $5,000.
  • Prison terms of up to 2 years.

Keep in mind that kidnapping charges can also have significant repercussions in family court, especially in cases involving violations of custody agreements.

Defending Against Kidnapping Charges

At Logue Law Group, we understand that kidnapping charges often stem from complicated, emotionally charged situations. There are several possible defenses, depending on the details of your case:

1. No Violation of Custody Order

Sometimes, a child may express a preference to stay with one parent, leading to a temporary violation of a custody agreement. If the custodial parent initiated a legal dispute, this might not constitute kidnapping under the law.

2. Safety Concerns

A parent may argue they acted out of concern for the child’s safety in situations involving allegations of abuse, neglect, or drug-related issues. Courts may evaluate whether these concerns justified the violation of custody agreements.

If you’re facing kidnapping charges in Erie County, an Erie criminal lawyer from Logue Law Group can assess your case and craft a tailored defense strategy to protect your rights.

Examples of Kidnapping Scenarios in Pennsylvania

Not every case labeled as “kidnapping” fits the stereotypical narrative. Examples include:

• Preventing the other parent from accessing their child during custody exchanges.
• Transporting a child across state lines without the custodial parent’s consent.
• Violating a joint custody agreement for a period longer than 24 hours.
• Taking your child from the parent who has been awarded primary custody.

Understanding these distinctions is vital, as charges often arise from complex and emotionally-driven family situations.

Why You Need Legal Representation

Kidnapping-related charges carry serious consequences, both legal and personal. Having an experienced attorney from Logue Law Group at your side can make all the difference in navigating these high-stakes cases. Whether you’re dealing with family disputes or accusations of criminal behavior, our Erie DUI attorneys have the expertise to fight for your best outcome.

Get Help Today

If you’re facing kidnapping or related charges in Erie County, contact Logue Law Group. Schedule a consultation today to discuss your case 844.PITT.DUI and learn how we can advocate for you. Whether you require an experienced Erie criminal lawyer, we are here to protect your rights and guide you through the legal process.