Aggravated Kidnapping

The Texas aggravated kidnapping statute is contained in Chapter 20 of the Texas Penal Code. Section 20.04 provides in part that a person commits the offense of aggravated kidnapping if the person intentionally or knowingly abducts another person with the intention of holding that person for ransom, using that person as a hostage, using that person in furtherance of a felony or flight from an attempted felony, inflicting bodily injury, abusing the person sexually, terrorizing any person, or interfering with the performance of any governmental function.

A person also commits aggravated kidnapping if they intentionally or knowingly abduct another person and use or exhibit a deadly weapon during the commission of the offense. The term abduct means to restrain the person with the intent that they not get away either by holding them in a place where they are not likely to be found or by the use or threat of deadly force.

Common defenses or mitigating factors include that the event was consensual, no deadly weapon was used, there is no evidence of a threat of violence, no abduction occurred, the suspect was misidentified by a faulty lineup process, or the allegedly abducted person was released to a safe place.

At trial, an accused may raise the issue of the abducted person having been voluntarily released by the accused at a safe place. This does not erase the accusation, but if proven it can reduce punishment from a first-degree felony to a second-degree felony.

Aggravated kidnapping is a first-degree felony in Texas. This means that it carries the potential for a sentence of 99 years or life in a Texas prison. If you have been charged with aggravated kidnapping, you need a criminal defense attorney experienced in handling serious and violent offenses.

The ranges of punishment are severe. Aggravated kidnapping is a first-degree felony punishable by 5 to 99 years or life in prison. Kidnapping is a second-degree felony punishable by 2 to 20 years in prison. Aggravated kidnapping with safe release is punished as a second-degree felony with a range of 2 to 20 years in prison.

Each of these offenses also carries the potential for a fine of up to $10,000.

If you face a charge of kidnapping or aggravated kidnapping, then you face the possibility of a lengthy prison sentence. It is critical that you hire the right attorney.

Criminal defense lawyer Waren Price at The Price Firm, PLLC, has the knowledge and experience to give you the best chance of winning your case.