Virginia Beach Kidnapping Lawyer
Call (757) 267-4949 for Skilled Defense Counsel
There are many situations where you could be accused of kidnapping or abduction in Virginia. While a kidnapping charge can derive from abducting someone for ransom, it can also result from a custody dispute between two parents or two young lovers running away together.
Whatever the case may be, a kidnapping conviction involves severe penalties. It is important to seek qualified legal counsel from a Virginia Beach kidnapping defense attorney. Fortunately, The Law Offices of Daniel J. Miller is ready to thoroughly review your case and determine all of your available legal options. Let our criminal defense attorney in Virginia Beach help you obtain the most favorable outcome possible.
Kidnapping Penalties
Kidnapping and abduction are used interchangeably in Virginia. According to Virginia law, a person commits the crime of kidnapping or abduction if he or she – by force, intimidation, or deception – seizes, takes, transports, detains, or secretes another person in order to deprive the personal liberty of another individual, withhold or conceal a person from another, or subject the person to forced services or labor.
Kidnapping is considered a Class 5 felony, punishable by a prison sentence of up to 10 years.
However, if abduction is committed by a parent of the person kidnapped and is punishable by contempt of court, the offense shall be a Class 1 misdemeanor, punishable by a maximum jail sentence of 12 months and a fine of up to $2,500.
If the abduction was committed by a parent and the parent removes the person kidnapped from Virginia, it is considered a Class 6 felony. A Class 6 felony is punishable by a prison sentence of up to five years.
Let Us Start Your Case Today
With more than 20 years of combined experience, our lawyers have a complete understanding of Virginia laws to help you navigate through the possible complexities of the legal system. In addition, we can investigate your arrest and gather critical evidence to develop an aggressive and effective defense strategy for you. Let us protect your rights, reputation, and freedom immediately.
Contact our firm and request a consultation. Call (757) 267-4949 today!
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I feel very confident walking into the courtroom with him by my side.
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Case Results
A Track Record of Success-
Protective Order Domestic Violence
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Pre Litigation Defense – Rape Sex Crimes
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.
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Protective Order Family Law
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Driving Under the Influence 4th Offense– Bond Hearing DUI
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
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Violation of Protective Order – Appeal Domestic Violence
Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.
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Breaking and Entering with Intent to Commit Misdemeanor Felony Defense
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.
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Third Offense Petty Larceny Felony Defense
Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.
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Possession of Marijuana- Appeal Drug Crimes
Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.
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Driving Under the Influence DUI
Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.
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Domestic Violence Domestic Violence
Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.