Orlando Federal Kidnapping Lawyer

You will likely remember the moment you discovered that you were being investigated in relation to a kidnapping for the rest of your life. From what feels like one moment to the next, you became the subject of a federal investigation. You are now in the firm grasp of the FBI, uncertain about your rights and your future, and doubtful about your freedom. It is at this point that an Orlando federal kidnapping lawyer can intercept the investigation and ensure your constitutional rights are protected.

Understanding Federal Kidnapping Charges

Parents who are involved in custody disputes or situations of domestic violence can often find themselves entangled in the criminal justice system as suspects in kidnapping cases. That is not to say, however, that adults aren’t victims of kidnapping as well. Many federal kidnapping cases involve the forceful taking of an adult against his or her will. Federal kidnapping charges go above and beyond state charges. A federal case can occur under the following circumstances:

• The victim is willfully transported in interstate or foreign commerce
• The victim is kidnapped within the special maritime and territorial jurisdiction of the United States
• The victim is kidnapped within the special aircraft jurisdiction of the United States
• The victim is a foreign official, an internationally-protected person or an official guest
• The victim works for the federal government
• The victim is a child under 16 and is taken to another country by his or her parent without the permission of the other parent or guardian

Likewise, federal jurisdiction over kidnapping applies in cases in which kidnapping victims are transported across state lines.

The Federal Kidnapping Act

Congress enacted the Federal Kidnapping Act in 1932 following the famous abduction and murder of Charles Lindbergh’s son. The new law established kidnapping as a federal offense once the kidnapper crosses state lines with his victim. When a kidnapper crosses a state border, the Federal Bureau of Investigation pursues the case as they have better resources to handle offenders on-the-move than state and local authorities.

The Federal Kidnapping Act makes kidnapping a felony offense for which a person who is convicted may face up to 20 or more years in a federal prison. When the victim is a child, these penalties may increase. If a person dies in a kidnapping offense, the death penalty may be considered an appropriate sentence. The Federal Kidnapping Act also allows for parents to be prosecuted when they kidnap their children and take them abroad without the permission of the other parent, spouse, or guardian.

Types of Kidnapping Charges

Kidnapping charges can stem from a vast number of circumstances, but regardless of the specifics, every kidnapping case falls into one of the following categories:

• Child Abduction: Doesn’t require you to displace a minor a certain distance away from their parent or guardian. Instead, one commits this crime by simply keeping a child from the individual with custody rights.
• False Imprisonment: Is a lesser crime than kidnapping and involves the act of detaining, confining, or restraining a person without his or her consent.
• Aggravated Kidnapping: Becomes a relevant charge when, on top of the kidnapping, you demand a ransom, inflict bodily harm, or otherwise aggravate the situation.
• Simple Kidnapping: Occurs when one uses force or fear to move another person a substantial distance without his or her consent.

Speak with an Orlando Federal Kidnapping Attorney

The moment you find out that you are being investigated by the FBI or other federal organization for a serious kidnapping offense is the moment you need to pick up the phone and contact attorney Brice Aikens of The Umansky Law Firm. Mr. Aikens is a board-certified criminal trial lawyer dedicated to those facing federal criminal accusations throughout Orlando and Central Florida. The sooner you get in touch, the better your chances will be of obtaining desirable results. Call or contact us online to schedule a free consultation.