Maryland criminal statutes define “kidnapping” as having five criminal elements. These are:

• The intentional
• Carrying (or causing to be carried)
• Of a person
• By force or fraud
• To a place either in or outside of Maryland

If convicted of kidnapping, the criminal defendant has committed a felony and is subject to imprisonment not exceeding 30 years. See Md. Crim. Code, § 3-502. The statute explicitly excludes a situation where a parent carries their minor child within or outside of Maryland. If you are being investigated or have been arrested for kidnapping, you are going to need a top-tier and experienced criminal defense team. Contact the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We are St. Mary’s County, MD., criminal defense lawyers with offices in Waldorf, Maryland.

Why Kidnapping Charges Are so Difficult to Defend

Kidnapping charges are generally difficult to defend (which is a reason that you need the best Maryland criminal defense lawyers you can find). The difficulty is that, so often, the kidnapping charges are included among many other changes and alleged crimes. As one court famously said many years ago “it is the rare kidnapping that is an end in itself; almost invariably there is another ultimate crime.” See People v. Miles, 297 N.Y.S.2d 913 (Court of Appeals of the State of New York 1968). That is as true today as then. Generally, the kidnapping is part of some other crime like robbery, assault, a sex crime, etc. Even when the kidnapping is specific and targeted to an individual, that is often done as part of an extortion scheme — that is, obtaining money for the release of the victim.

Another problem in defending kidnapping charges is that the kidnapping typically creates other crimes like false imprisonment, endangerment, etc. Finally, kidnapping often involves the use of deadly weapons. When that happens, various additional crimes are charged by Maryland prosecutors concerning crimes of violence and use of those deadly weapons.

Potential Criminal Defenses to Kidnapping Charges

Ignoring, for now, the difficulties caused by the number of crimes that might be involved, there are some potential criminal defenses to a simple charge of kidnapping. For example, looking at the legal elements from above, some potential criminal defenses can be seen, including lack of intent, which could be a defense in some cases. Lack of intent can be shown where the “carrying” of a person was accidental, a mistake or under circumstances where the defendant knew that the alleged victim had agreed to be “carried.” Likewise, generally speaking, consent can be a criminal defense (although not if the alleged victim was younger than 18 since children cannot give consent). Based on the criminal elements, it may be possible to show that there was force or fraud involved.

Other defenses might include

• Alibi
• Mistaken identity
• Accident/misunderstanding
• Violations of police and constitutional procedures
• Etc.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.