Kidnapping is a very serious first-degree felony charge in Pennsylvania, and our attorneys can quickly identify the defense that works best for your case or potentially convince the prosecution to alter and reduce the charges in exchange for a guilty plea.
Defenses to charges for kidnapping include having the alleged victim’s consent, having a reasonable belief of the alleged victim’s imminent danger, and lack of intent. The maximum penalty for kidnapping is 20 years imprisonment, as well as expensive fines and long-term reputational consequences.
For a free and confidential case assessment, call the criminal defense attorneys of Kenny, Burns & McGill today at (215) 423-5500.
How Can You Defend Charges Under 18 Pa.C.S. § 2901?
Our lawyers may defend you against first-degree felony charges for kidnapping by successfully arguing that you had the alleged victim’s consent or that you lacked any of the intent required for the prosecution to get a conviction.
Consent
Text messages, social media correspondence, and other communication between the alleged victim and the defendant can prove that they consented to stay with or travel with the defendant and were not forced.
If the alleged victim was under 14, we may argue that their parents consented on their behalf.
Reasonable Belief of Danger
Our lawyers can also represent defendants who had a reasonable belief that the alleged victim, typically a child, was in imminent danger. If your primary motivation for the offense was to protect the child, not harm them or seek ransom of any kind, be honest with our criminal defense attorneys.
Lack of Intent
With kidnapping cases, the prosecution must prove that the defendant acted with any of the following intentions:
- To hold the victim for ransom or reward, or as a shield or hostage
- To facilitate the commission of another felony or aid their flight after
- To injure or terrorize the victim or another person
- To interfere with a public official’s governmental purpose
If there is no proof of any of these intentions, the prosecution’s case should be unsuccessful, and they may even drop the charges before the trial begins.
FAQs About 18 Pa.C.S. § 2901 Charges
How Does Pennsylvania Define Kidnapping?
In Pennsylvania, kidnapping is defined as unlawfully moving a person a “substantial distance” or unlawfully confining them to hold them for ransom, facilitate the commission of another felony, injure or terrorize the victim, or interfere with public officials’ performance in any way.
Is Kidnapping of a Minor a Different Offense?
Kidnapping of a minor has a very similar definition, apart from the fact that the alleged victim involved in these charges must be under 18.
How is Kidnapping Charged?
Kidnapping is a felony of the first degree in Pennsylvania, whether the alleged victim is an adult or a child.
Can You Get Bail for Kidnapping Charges in Pennsylvania?
Judges typically set bail high in kidnapping cases, though our lawyers may successfully lower it somewhat when our lawyers explaining that it is the defendant’s first offense of any kind, especially one as serious as kidnapping.
Does 18 Pa.C.S. § 2901 Have a Minimum Sentence?
The first kidnapping conviction does not carry a minimum sentence. However, a second or subsequent conviction for a crime of violence, including kidnapping in Pennsylvania, carries an automatic minimum sentence of 10 years in prison.
How Can You Reduce Charges from 18 Pa.C.S. § 2901?
Our lawyers may negotiate to reduce the charges against you to a misdemeanor of the second degree for false imprisonment or a misdemeanor of the first degree for unlawful restraint, which could mean less prison time if you plead guilty to less serious charges.
Do You Need a Lawyer When Facing 18 Pa.C.S. § 2901 Charges?
Because of the severity of the offense, it is very unwise to face a first-degree felony charge without the legal guidance of an experienced attorney.
Can You Face Other Charges in Addition to Kidnapping?
Charges for offenses like unlawful restraint, false imprisonment, interference with the custody of children, reckless endangerment of a child, and luring a child might accompany charges for kidnapping.
What Does the Prosecution Have to Prove for 18 Pa.C.S. § 2901 Charges?
The prosecution must prove beyond a reasonable doubt that the alleged victim’s removal or confinement was due to force, deception, or threat, and without consent. If the alleged victim is a minor who is also under 14, the prosecution must prove that the victim’s parent did not provide consent.
What is the Maximum Sentence for a Kidnapping Conviction in Pennsylvania?
The maximum penalty for a kidnapping conviction is a 20-year prison sentence and $25,000 in fines.
Is Parental Kidnapping a Different Offense?
“Interference with the custody of children” is a separate offense, and occurs when a person recklessly or knowingly takes a child under 18 away from their parent without approval, and is a common charge during custody disputes.
What Are the Penalties for Interference with the Custody of Children?
Interference with the custody of a child can either be charged as a felony of the third degree or of the second degree, depending on their conduct.
Can You Talk to the Police After Being Arrested for Kidnapping?
You may be extremely emotional after being arrested for kidnapping in Pennsylvania, and you should not talk to the police alone in this state, nor when you are level-headed. Law enforcement may try to get you to incriminate yourself, but having our lawyers present prevents that.
What if the Prosecution Cannot Prove Charges Under 18 Pa.C.S. § 2901?
If the prosecution cannot prove the charges against you beyond a reasonable doubt and the jury returns with a not-guilty verdict, you will be free to go and may not be retried for the same charges.
Contact Our Criminal Defense Attorneys in Pennsylvania Today
For a free and confidential case assessment, call the criminal defense attorneys of Kenny, Burns & McGill today at (215) 423-5500.
