Abduction (or kidnapping) is one of the most serious crimes in the state of Virginia. This can occur when a person transports, detains, or takes another person with the intention of:
- depriving the other person of their personal rights;
- withholding or hiding the other person from another entity;
- subjecting the other person to forced services or labor.
Possible Abduction Charges
Someone can be accused of, and ultimately charged with, abduction for a variety of reasons. The only time someone cannot be accused of abduction is if they are an officer of the law who was acting in accordance with their lawful duties.
An abduction accusation or charge can be made if the accused has held a person:
- with the intention of extorting them or family members;
- with the intention to defile them;
- with the intention of prostitution; and/or
- under the legal age of consent with the intention of manufacturing child pornography.
Anyone who has so much as threatened any of the actions above may also be charged with abduction.
Possible Abduction Penalties
An abduction charge is a Class 5 felony and could carry a prison sentence between 1 to 10 years. The accused may face a lesser sentence of up to 12 months in county jail, as well as a fine no more than $2,500.
If you are a parent accused of kidnapping your own child, you could be held in contempt of court and face:
- a Class 1 misdemeanor on your record; or
- a Class 6 felony if you took your child across state lines.
Possible Abduction Defenses
A skilled abduction attorney can help you build a strong defense of your actions by gathering relevant evidence and providing an aggressive strategy.
Common defenses include:
- duress; or
- mistake of fact.
Providing Excellent Legal Counsel
There are many circumstances for which a person may be accused of abducting another. Whichever applies to your situation, our effective defense attorneys at The Law Offices of Daniel J. Miller will fight for you.