Okmulgee Kidnapping Charges are very serious and can land you in prison. Just like any other crime the government brings, they have to prove it beyond a reasonable doubt. To do this our criminal defense attorneys tell you that they must prove every element of the crime.In Oklahoma, the kidnapping elements of the crime are when a person, without lawful authority, intentionally seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away another, either to cause another person:
· To be confined or imprisoned against the will of the other person; or
· To be sent out of the state against the will of the other person; or
· To be sold as a slave, or in any way held to service against the will of such person.
Keep in mind, the state must show the above elements beyond a reasonable doubt. This means that you are innocent until proven guilty. There are numerous situations that are not kidnapping but non the less are charged as if they are. This offense could occur in a custody battle or in furtherance of another crime.
While random abductions do happen, Okmulgee Kidnapping Charges charges commonly arise when the person charged with the crime has a relationship with the victim. Or the kidnapping charge is part of another crime like domestic disputes. Imagine a custody dispute between two parents. A child may have willingly stayed with one parent who had lost custody. That parent could still be subject to kidnapping charges. As explained below, this is a significant charge that will require the skill and knowledge of an attorney for you to effectively defend yourself.
Punishment For Kidnapping in Oklahoma
Kidnapping is a serious offense in Oklahoma. As one would expect, it also carries serious penalties. Violation of §21-741 will result in a felony which can be punished by a prison term of up to twenty (20) years. Additionally, if someone is sentenced to a term of imprisonment they are required to serve a term of post-imprisonment under the rules set out in the first paragraph of §991a. There is a defense of consent available to negate one’s liability under the statute, but only if the jury finds that there was consent, the person was above the age of 12 years, and consent was not obtained by threat or duress.
Kidnapping Attorneys in Okmulgee
Our criminal defense lawyers have the experience required to get people through those tough times. If you are being Okmulgee Kidnapping Charges you need serious criminal defense representation. This kind of a felony charge is one that the District Attorneys Office in Oklmulgee almost always rerecords jail time. Call and talk with an attorney today.