The offense of “kidnapping” is a bit of a misnomer. In Ohio, “kidnapping” is the act of unlawfully removing a person from the place where they are found or restraining their liberty in any way for the purposes of holding a person for ransom, facilitating the commission of any felony, inflicting serious physical harm on another, engaging in certain sexual activity, hindering a government authority, or holding a person for involuntary servitude. The alleged victim need not be a child for you to be charged with kidnapping.
There are lesser included offenses to kidnapping with which one may be charged. For example, abduction is a lower level offense to kidnapping. In Ohio, abduction is the removal of another person from the place they are found by force, threat, restraint or to hold another in involuntary servitude. Unlawful restraint, a lower level offense to abduction, is the act of restraining another of their liberty without privilege to do so.
In the eyes of the law, there is no reasonable excuse for kidnapping. Therefore, you must prove that you are not involved or that the circumstances did not qualify as a kidnapping in order to avoid a felony conviction.
If convicted of the 1st degree felony of Kidnapping, you are subject to 3-11 years in prison and up to $20,000 in fines.
If convicted of the 3rd degree felony of Abduction, you are subject to 9-36 months in prison and up to $10,000 in fines.
If convicted of the 3rd degree misdemeanor of Unlawful Restraint, you are subject to 60 days in jail and up to $500 in fines.
It is imperative that you have qualified attorneys representing you on Kidnapping or Abduction charges. Call Hayes Law today to schedule a case evaluation so that we may begin building your defense.