South Carolina Federal Kidnapping Lawyer
Being accused of unlawfully taking someone across state lines is a serious allegation that could have massive repercussions on your future. No matter how a situation like this arises, federal authorities may pursue felony charges. If those charges lead to a conviction, you may be sentenced to spending the rest of your life in federal prison.
Having support from an experienced federal defense attorney could be vital to addressing these charges in the most effective way possible. If you are under investigation by federal authorities or facing federal charges, contacting a South Carolina federal kidnapping lawyer should be your top priority.
Federal Kidnapping Charges Explained
According to 18 U.S.C. § 1201, it is a violation of federal law to abduct, unlawfully confine, or hold for ransom any other person and intentionally transport them across state or international borders. Anyone who kidnaps someone through any of these means and fails to release that person within 24 hours creates a rebuttable presumption that they intended to transport or successfully have transported that person across state or international borders. This statute notes an explicit exception for cases where the alleged kidnapped party is the defendant’s minor child.
Someone who unsuccessfully attempts to violate 18 U.S.C. § 1201 may face a maximum federal prison term of 20 years. Anyone who successfully kidnaps another person in violation of this statute may be sentenced upon conviction to any term of imprisonment the court deems appropriate, up to and including life imprisonment.
If the alleged kidnapped individual is under 18 years old, and the defendant is not an immediate family member or someone with legal custody over the child, the defendant would be subject to a mandatory minimum 20-year prison sentence upon conviction. In extreme situations, federal courts have the authority to impose the death penalty against defendants convicted of this offense. Given the severity of these penalties, anyone facing federal kidnapping allegations should retain a dedicated South Carolina attorney as soon as possible.
Building a Defense Against Federal Kidnapping Allegations
A central tenet of federal kidnapping cases is an assertion that the allegedly kidnapped person did not consent to being transported across state or international borders. This argument may include the possibility that the individual could not consent to the transportation because they were rendered unconscious or chemically incapacitated. Accordingly, proving that an alleged victim was aware of what was happening and consented to it provides the strongest basis for building a defense against these charges.
Alternatively, it may be possible to avoid federal prosecution by proving an alleged act of kidnapping took place solely in South Carolina and did not cross state lines. By reducing kidnapping charges to the state level, a defendant may face less severe penalties. A determined and knowledgeable lawyer in South Carolina could review defense strategies that may be applicable to a particular federal kidnapping case during a private initial meeting.
A South Carolina Federal Kidnapping Attorney Could Help
Few criminal offenses carry harsher consequences than kidnapping since it is one of only a few crimes that may allow for capital punishment. However, you still have rights when facing these charges, including the right to guidance from seasoned legal counsel.
A confidential conversation with a South Carolina federal kidnapping lawyer could provide much-needed clarity about how to approach your specific case. Call today to get started.