If you have been charged with armed kidnapping in Florida then you may have a defense. False accusation and incidental confinement are defenses that are oftentimes successful when fighting kidnapping cases. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about incidental confinement or how to beat your armed kidnapping case in Florida, then contact Matthew Williams now for a free consultation.
In Florida, armed kidnapping is defined under Florida Statute 787.01. A person commits armed kidnapping when they forcibly, secretly, or by threat confines, abducts, or imprisons another person against their will, without lawful authority, with the intent to hold for ransom, use as a shield or hostage, commit a felony offense, physically injure the victim, or interferes with any governmental function, and they possess a firearm during the commission of the offense.
Armed Kidnapping is a first-degree felony punishable by life, meaning it is punishable by up to life in prison, or up to life on probation and up to $15,000 in fines (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed life). In addition to facing prison time, if you are adjudicated guilty of kidnapping, you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
Also, under the 10/20/Life Statute (Florida Statute 775.087(2)(a)(1), if a person is convicted of armed kidnapping and the jury finds the person possessed a firearm then the court must impose at least the following minimum mandatory sentence:
- at least 10 years prison if the Defendant actually possessed the firearm during the kidnapping;
- at least 20 years prison if the Defendant discharged the firearm during the kidnapping; and
- at least 25 years in prison and up to life in prison if someone is shot during the kidnapping.
Criminal convictions, especially convictions for kidnapping and firearm-related charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with armed kidnapping in Florida, then contact Matthew Williams now for a free consultation.