- Raleigh Felony Attorney | Kidnapping Charges in North Carolina
- June 24, 2013
- Law Firm: Matheson Law Office PLLC - Raleigh Office
The State of North Carolina has specific charges associated with kidnapping. First and foremost, as any Raleigh Criminal Attorney will tell you, kidnapping is a very serious felony. A charge of this sort could mean extremely heavy fines along with jail time. It is very important to seek the consultation of an attorney when faced with kidnapping charges and this article shall explain the importanc
A person is pronounced guilty of kidnapping if the state declares in court that the person confined, restrained, or removed from one place to another, a person, without the person’s consent for a sole purpose. For the sake of argument, we are going to assume that I am representing a client charged with kidnapping in the first degree. This means that my client was believed to have done the above mentioned while not releasing the victim in a safe place or leaving the victim seriously injured. If however I was representing a client who was charged with second degree kidnapping, he would either have released the victim in a safe place or the victim would not have been left seriously injured. As any criminal lawyer will tell you, this charge would be a Class E felony.
Now, there are many elemental purposes for why the State believes the kidnapping took place. So for the sake of our hypothetical client, a Criminal Lawyer Raleigh will assume that his purpose for kidnapping was to do serious bodily harm to the victim or any other person. In this case whether or not the victim was seriously injured is irrelevant. The State of North Carolina is only required to prove that the defendant’s purpose was to cause such harm. So when faced with these situations it is very important for the attorney to interrogate their clients and find out as many facts about the case as possible. The state has the burden of proof to display that the defendant committed all elements of the kidnapping charge so therefore the defense attorney must investigate to see if any of these elements are not satisfied. If that is the case, your client will not be convicted.
As previously stated, kidnapping charges are very serious maters. But, as with all criminal charges, the important thing for any Raleigh Felony Attorney is to make sure that the state proves all counts of the felony or misdemeanor. Because after all, each and every defendant is innocent until proven guilty.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.