A man in Bedford, Massachusetts was recently accused of breaking into a home. The victim told law enforcement that he was held at knifepoint and forced to drive to various locations throughout Massachusetts. Eventually, however, the suspect exited the victim’s vehicle and the victim contacted law enforcement. Later, a search discovered a knife inside the victim’s vehicle. Law enforcement also managed to obtain footage from a surveillance camera and later obtained a warrant for the suspect’s arrest. When law enforcement later spotted a man in Florida matching his description, FBI agents swarmed on the area and arrested the suspect. The suspect now faces charges in Massachusetts connected to armed home invasion, kidnapping, armed assault, armed assault in a dwelling, and burglary.
Massachusetts Law Chapter 265 section 26 defines kidnapping as the unauthorized confinement of another individual of any age against his or her will. Physical injury against a person is not required. Merely refusing to allow an individual to leave a confined space can equate to kidnapping. Under Massachusetts law, kidnapping is also found when a person demands something of value in exchange for freeing an individual. Kidnapping can also occur when a non-custodial parent takes a minor child without first obtaining the consent of the custodial parent.
Proving Kidnapping Charges
To convict a person of kidnapping, Massachusetts prosecutors must establish that several elements occurred, which include the following:
The person being charged must have lacked lawful authority concerning the control of the victim.
The person being charged forcibly or secretly confined the other individual.
The confinement was against the will of the individual.
There was a demand for something valuable, the use of a weapon, or sexual assault of the victim.
Common Defenses to Kidnapping Charges
There are a number of defenses that can be raised in response to kidnapping charges, which include the following:
If the victim consented to the taking and confinement, then the act was not against his or her will.
Some types of kidnapping, such as kidnapping with the intent to extort money, require a specific state of a mind. If it can be establish that this state of mind was not present, a person will be able to create a strong defense to a kidnapping charge.
An experienced criminal defense attorney can review your case and determine the best way to create a strong defense strategy in response to these charges.
Speak with an Experienced Criminal Defense Lawyer
If you are charged with kidnapping or any other comparable offense, you can be facing serious penalties. It is often a wise idea in these situations to quickly obtain the assistance of an experienced criminal defense attorney like Edward Molari. Contact Attorney Molari today to schedule an initial free case evaluation.