Kidnapping and confinement are terrifying words, and the laws in Indiana reflect that. Being charged with criminal confinement or kidnapping in Indiana is a serious offense with severe potential penalties that include lengthy jail time and fines. The statute also includes the crime of interference with the custody of a child. Because charges under these criminal statutes are felonies, they should be taken seriously. If you have been charged with these offenses in Indianapolis or anywhere in the Central Indiana area, you should seek the assistance of a seasoned criminal defense counsel, such as Chris Eskew of Eskew Law. Contact our Indianapolis confinement and kidnapping lawyers now to start building a defense strategy.
According to Ind. Code § 35-42-3-2, a person is guilty of kidnapping if he or she intentionally removes another person from one place to another by fraud, enticement, force, or threat of force. It is considered a Level 6 felony punishable by up to two and a half years of imprisonment and a fine not exceeding $10,000. However, the following aggravating circumstances may upgrade it to a higher felony class:
Criminal confinement under Ind. Code § 35-42-3-3 is structured in the same way as the kidnapping statute. The only difference is that the crime involves confinement without the victim’s consent, instead of removal, as it is in kidnapping. It is also normally considered a Level 6 felony, but the aggravating circumstances outlined under kidnapping are also applicable in the criminal confinement statute. Our attorneys in Indianapolis are skilled at building defense strategies for kidnapping and confinement charges that help mitigate penalties.
Ind. Code § 35-42-3-4 provides that a person is guilty of interference with custody if he or she removes another person who is less than eighteen years of age to a place outside Indiana or fails to return such child to Indiana, in violation of a child custody order of a court, with the intent to deprive another person of child custody rights. It is considered a Level 6 felony unless the child is less than fourteen years old and is not the offender’s child, in which case it is a Level 5 felony. If the crime is committed while armed with a deadly weapon or results in serious bodily injury to another, it is a Level 4 felony. Under Ind. Code § 35-50-2-5.5, Level 4 felonies are punishable with a prison term between two and twelve years and a fine not exceeding $10,000. If you have been found violating a custody order that has risen to a kidnapping and confinement charge, get in touch with our Indianapolis attorneys right away.
If you are charged with criminal confinement, kidnapping, or interference with custody in Indianapolis or anywhere in the Central Indiana area, you must contact an experienced Indianapolis confinement and kidnapping lawyer immediately. Call Eskew Law at (317) 854-0021 or submit our online consultation request form. We will work closely with you to craft an effective defense strategy for your case.
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