SKILLED KIDNAPPING DEFENSE LAWYERS
KIDNAPPING DEFENSE ATTORNEY SERVING CLIENTS IN TOLEDO
In Toledo, Ohio, the crime of kidnapping is an extremely serious offense that can result in the loss of personal liberty as well as serious financial penalties. Under Ohio Revised Code Chapter 29, there are a number of different felony charges that are linked to the crime of kidnapping, including abduction charges, unlawful restraint charges, and in some cases human trafficking charges. In each of these crimes, the law defines the charge in relation to moving, holding, or keeping an individual against his or her will. And in some kidnapping cases, other criminal charges also can arise, such as rape or assault. The specific charges in each case will depend on the particular circumstances and the facts of the case.
These are all tremendously severe crimes under Ohio law, and they come with harsh penalties in the event of a conviction. If you have been charged with kidnapping or a related crime in Toledo, you should not have to create a defense strategy on your own. An aggressive Toledo criminal defense lawyer with years of experience can examine the facts of the case and can tailor a defense strategy to your individual circumstances.
DEFINING KIDNAPPING IN TOLEDO, OHIO
Under the Ohio Revised Code 2905.01, kidnapping is defined as removing a person from a place against his or her will, or restraining the liberty of another person, for any of the following purposes:
- To hold the person for ransom, or as a hostage;
- To facilitate the commission of another felony;
- To terrorize or inflict serious harm on the victim;
- To engage in sexual activity against the victim’s will;
- To obstruct a government function or attempt to force an action by a government authority; and/or
- To hold the victim in a condition of involuntary servitude.
The law makes clear that the crime of kidnapping typically is a 1st degree felony in Ohio. In the event that the offender releases the victim in a safe place, and the victim is unharmed, then the crime may be charged as a 2nd degree felony. In other words, if the kidnapping offense puts the victim at risk of serious harm or causes serious harm, it likely will be charged as a felony of the first degree. Under Ohio law, a 1st degree felony conviction can result in 3-10 years imprisonment and fines of up to $20,000. A 2nd degree felony conviction can result in 2-8 years imprisonment and fines of up to $15,000.
In addition to kidnapping charges, crimes of kidnapping often involve additional charges including abduction, unlawful restraint, and human trafficking. How are these specific offenses distinct from the charge of kidnapping?
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ABDUCTION UNDER OHIO LAW
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When a person is charged with kidnapping, additional charges often include abduction. Under the Ohio Revised Code 2905.02, the offense of abduction sounds somewhat similar to the offense of kidnapping. It involves any of the following:
- Removing another person from the place where that person is found by force or threat;
- Restraining the liberty of another person under circumstances that create a risk of physical harm to the victim or place that person in fear by acts of force or threat; and
- Holding another person in the condition of involuntary servitude.
Depending upon the severity and specific facts of the case, abduction can be charged either as a 2nd degree felony or as a 3rd degree felony. If a defendant is convicted of a 2nd degree felony abduction, then she or he can face 2-8 years imprisonment and fines of up to $15,000. Conviction of a 3rd degree felony can result in imprisonment of between 1-5 years and fines up to $10,000.
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UNLAWFUL RESTRAINT UNDER OHIO LAW
As we have mentioned, the crime of kidnapping frequently involves felony charges in addition to the charge of kidnapping. When a person is charged with kidnapping, she or he also will often face a misdemeanor charge of unlawful restraint. Under Ohio Revised Code 2905.03, unlawful restraint is defined as:
- Knowingly restraining another person’s liberty; and/or
- Knowingly restraining another person’s liberty with a sexual motivation.
Ohio Revised Code 2971.01(I) defines “sexual motivation” as a crime committed with the “purpose to gratify the sexual needs or desires of the offender.” The crime of unlawful restraint is a 3rd degree misdemeanor offense. If convicted of a 3rd degree misdemeanor, a defendant can face up to 60 days in jail and fines of up to $500.
HUMAN TRAFFICKING AS A RELATED OFFENSE TO KIDNAPPING
Human trafficking, defined by Ohio Revised Code 2905.32 as the “trafficking in persons,” is an extremely serious felony offense that will result imprisonment of more than a decade in the event of a conviction. The trafficking in persons is defined under Ohio law as knowingly recruiting, luring, enticing, isolating, harboring, transporting, providing, obtaining, or maintaining a person—or attempting to do so—when additional conditions applies, such as:
- Person will be subjected to involuntary servitude;
- Person will be compelled to engage in sexual activity for hire;
- Person will be forced to engage in a performance that is obscene, sexually oriented, or nudity oriented;
- Person will be forced to participate in the production of material that is obscene, sexually oriented, or nudity oriented;
- Person is under the age of sixteen or has a developmental disability; and/or
- Person is sixteen or seventeen years old.
A defendant who is convicted of trafficking in persons will be convicted of a 1st degree felony. While 1st degree felony penalties can range from 3-10 years imprisonment and fines of up to $20,000, the specific law for trafficking in persons makes clear that a conviction for this crime carries steeper penalties. To be sure, the law states that upon conviction, “the court shall sentence the offender to a definite prison term of ten, eleven, twelve, thirteen, fourteen, or fifteen years.”
As you can see, the penalties for such a conviction are severe. You do not want to build a defense on your own. An experienced Toledo criminal defense attorney can help.
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CONTACT A KIDNAPPING DEFENSE ATTORNEY IN TOLEDO
If you are facing charges related to kidnapping, it is extremely important to discuss your defense with a dedicated kidnapping defense attorney in Toledo. The advocates at our firm have years of experience developing defense strategies for felony offenses, and we can speak with you about your options. Contact Groth & Associates today to learn more about our services.