Abduction, also called kidnapping, is simply the unauthorized holding or transporting of someone against their will by force, threat, intimidation, or deception. While it doesn't take a lawyer or judge to recognize almost all kidnapping situations, it is not required for the victim staying bound and gagged and tied to a chair, or transported in a corner of a car for the charge to apply. Numerous non-violent situations that arise where someone can be charged with abduction.
A non-violent abduction charge could be filed against someone who uses trickery or deception in order to coerce the subject. For instance, someone impersonating a police officer and through flashing a blue strobe light in their car in order to entice a motorist to pull over is guilty of abduction. A homeowner who tells an illegal alien housekeeper they will report them to the Immigration and Naturalization Service unless they work overtime can be charged with abduction. A jealous lover who holds the purse and driver's license of his estranged support keep her from driving away can be charged with abduction.
In some cases there is implied force, even though actual force is not used. When an otherwise free passenger in a moving car demands being let out, and the driver refuses cease the car, there's may be faced with kidnapping.
The length of your time held is not a problem for the crime of abduction turn out to be completed. Most states do not even make length of time an element of the offense. The crime is completed at the instant the movement of the victim is curtailed.
Most states now utilize laws to cover those situations high is a willing and complicit target. One common instance is when one parent takes a child, who may or may not become willing participant, off of the other parent which at that time the custodial parent , i.e., parental kidnapping. In many states, this is just a misdemeanor offense, unless the child is transported to another state.
Another charge identified by state statutes would involve two young lovers where one is an adult a single is not. Once the two decide to elope or otherwise defy the minor's parental authority, the adult is foreclosures being charged with kidnapping. Also, abduction charges can be brought against couples who harbors a runaway friend of their own child and who then deceives the runaway's parents as to their whereabouts, or flatly denied the parent's access into the runaway.
Abduction is a felony punished with a lengthy prison. While it is common to see abduction charges in companion to various other serious offenses, with regard to example armed robbery or rape, they end up being stand-alone charges too. As evidence from the examples above, ordinary, otherwise law-abiding people can find themselves in situations where they can be charged with felony abduction.
If you or a family member is responsible for the crime of abduction, whether it looks trivial by comparison, or whether the in addition to a more intense felony, you should contact a criminal defense lawyer who's experienced in abduction cases. A criminal lawyer will advise you on a complete course of action, plan an aggressive defense, and these may have the ability to negotiate a reduction of your charge or dismissal forever.