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When domestic violence turns into a kidnapping charge

| Oct 18, 2019 | Criminal Defense |

Domestic violence is a complicated issue that tends to arise from deeply emotional situations. In a split second, you may make decisions that don’t necessarily reflect your real intentions. Alcohol or drugs may fuel your anger and contribute to the problem.

It doesn’t take much, however, for a domestic violence incident to morph into a situation that results in extra charges for you and legal issues that will dwarf your previous problems. Kidnapping, for example, is a common component of domestic violence charges.

What makes a domestic violence charge turn into a kidnapping? In general, the state is likely to pursue a kidnapping charge against you whenever you have:

  • Used another person as a hostage
  • Used someone as a human shield
  • Confined another person inside an area or room
  • Restrained or otherwise restricted someone from moving
  • Moved a person from one place to another without their consent or their parent’s consent (if the person is a minor)

If you think about it, there are a number of ways that a domestic violence situation can evolve into something that a prosecutor would see as a kidnapping, especially if you acted impulsively. For example, imagine that you grabbed your spouse’s arm and yanked her back into the bedroom when she tried to walk out on an argument. You refused to let her leave when she demanded.

Once the argument was finally over, you released her, but she ended up going to the hospital for her arm. A domestic violence report was filed based on her complaint. Much to your surprise, the prosecutor decides that your attempt to hold her captive until she finished the argument was actually kidnapping and adds that to the domestic charge.

If you’re charged with a domestic assault and kidnapping is tacked on, make sure that you speak with an experienced criminal defense attorney. For more information on how our office may be able to protect your future, please contact us directly.

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