Fight A Kidnapping Charge By Refuting The Use Of Force

A kidnapping charge puts you in a serious legal situation, but you shouldn't stop fighting to prove your innocence. Hire a criminal defense attorney and look at where the case against you might be weak. The definition of kidnapping includes the use of unlawful force, which may be a point that you can focus on in your defense. If you did not take the person you're accused of kidnapping with any degree of force, your defense attorney will work hard to convince the court of this fact — hopefully, resulting in an outcome of not guilty. Here are some ways that you can refute the use of unlawful force.

Proof Of The Other Party's Consent

It's possible that you may have proof that the alleged victim of your kidnapping situation consented to go somewhere with you. This is especially important if the other party is an adult, as the court may not view a child as being able to provide lawful consent. For example, if you took a friend on a trip and he or she called the police and accused you of kidnapping, you may have evidence in the form of text messages. These messages could show that the other party knew of the trip and talked openly about you driving him or her.

No Proof Of Force

There are often indicators of unlawful force being used in a kidnapping case. For example, the victim might have bruises that suggest he or she was taken by force, or perhaps injuries that indicate wrist or leg restraints were used. If you've been wrongfully charged, you can argue that there's no proof of force. There may not be any physical injuries on the other party, and perhaps there are witnesses who saw the two of you interacting in a normal manner in which it didn't appear that you were exerting force over him or her.

Proof Of Time Apart

It may also be possible to show that you and the other party spent some time apart between the time that the alleged kidnapping began and the time that you were apprehended. In the case of going on a trip together, you might be able to prove that each of you went shopping in separate stores before meeting up again. Bank statements, as well as surveillance camera footage from the two locations, can be instrumental in such a scenario. Your attorney will argue that the other party's distance from you, and willingness to regain contact with you, indicate that this was not a kidnapping situation.