In the state of Nevada, kidnapping is always charged as a felony and it is vital to speak with a Las Vegas kidnapping defense attorney if you are facing these accusations. It is defined as a person who willfully seizes, confines, or abducts another person and takes them to an undisclosed location for the purpose of:
- Sexual abuse
- Receiving a ransom
- Inflicting bodily harm
The penalties for kidnapping in Las Vegas will differ depending on whether it was first degree or second degree kidnapping. A conviction of first degree kidnapping results in a category A felony. This could occur if the victim was seriously injured during the kidnapping or imprisonment. If convicted, the kidnapper could be facing up to 40 years in prison with the possibility of parole at 15 years. The penalties for second degree kidnapping are not as severe, as it is considered to be a category B felony in Nevada. It could lead to up to 15 years in state prison and a fine of no more than $15,000.
If a deadly weapon was used in the process of the kidnapping, an additional 1-20 years in prison may be applicable to the convicted individual’s sentence. Also, if a parent kidnaps their own child, they may too face serious legal consequences—including 1-4 years in prison and a $5,000 fine—as it still considered to be a category D felony. In any criminal defense case, it is highly recommended that you retain the services of a strong legal representative. As your future and freedom are on the line, you owe it to yourself and your family to do everything in your power to fight for your rights with the assistance of a Las Vegas kidnapping defense attorney from our firm.
Kidnapping & Domestic Violence
Many people associate kidnapping with taking another person, tying them up, and holding them for ransom. Although this is certainly a form of kidnapping, many situations where a person is charged with kidnapping are actually cases involving a parent taking a child out of state or country without the right to custody. It is illegal for a non-custodial parent to keep, hide or take a child from the custodial parent. A parent may be considered guilty of kidnapping or “custodial interference” if:
- He/she takes a child out of state without permission or without the permission of the court
- The current custody order prohibits him or her from doing so or does not specify times when he or she is allowed physical custody or visitation.
Challenging Kidnapping Allegations
In Nevada, a parent may be able to seek temporary custody of a child in relation to a temporary protective order sought in relation to allegations of domestic violence, child abuse or spousal abuse. If a parent is granted temporary custody, this means that the parent who has been served a temporary protective order cannot take the child without the custodial parent’s explicit permission or the permission of the court. Kidnapping charges may be filed against the non-custodial parent if he or she is accused of violating custodial rights.
A knowledgeable Las Vegas kidnapping defense attorney from De Castroverde Law Group can help you if you have been accused of kidnapping related to domestic violence, whether this may involve your child, an ex-spouse or current spouse or person you may be in a romantic relationship with or living with. We are dedicated to the vigorous defense of our clients’ legal rights in the face of kidnapping allegations, charges, investigations, and arrests. Regardless of the circumstances or nature of your case, a Las Vegas criminal defense lawyer at our firm is confident in their ability to provide the aggressive and strategic representation you need and deserve.
Contact De Castroverde Law Group today to learn about your defense options if you are charged with kidnapping in Las Vegas.