A criminal defense attorney in Miami Dade can explain that Florida law defines kidnapping as using force, threatening to use force, imprisoning, abducting or confining another person against their will.   Kidnapping can refer to the taking of an adult as well as a child.   Kidnapping charges are often brought against people who know the alleged victim.   A criminal defense attorney in Miami Dade can explain what the prosecution must prove and what defenses he or she may argue on the defendant’s behalf.

Using Force 

The first element that the prosecutor must establish is that the defendant used force, threatened to use force or acted secretly to imprison, abduct or confine someone else against their will.

Lack of Legal Authority

In some situations, it may be legal to hold someone against their will.   Therefore, the prosecutor must prove that the defendant did not have the legal authority to confine the person intent.

The prosecutor must also establish that the defendant acted with the intent to:

• Inflict bodily harm on another person
• Terrorize the victim
• Hold the victim for ransom
• Hold the victim as a hostage
• Hold the victim to commit another specific felony
• Interfere with the performance of governmental function

Defenses 

A criminal defense attorney may attack the prosecution’s case because it failed to prove any of the above elements by proof beyond a reasonable doubt.   The prosecution has the burden of proving the elements of the crime.   The criminal defense attorney may argue that there is insufficient evidence to charge the crime of kidnapping.   For example, if the kidnapping was merely incidental to the felony, the holding may not arise to the level of kidnapping.   A criminal defense attorney can also explore the possibility of a plea bargain if the defendant can be sentenced under a lesser charge such as false imprisonment.