South Carolina Kidnapping Lawyer

Being accused of kidnapping is always a serious matter, as it is a serious felony punishable by multiple decades in prison if an allegation ends with a conviction (maximum sentence of up to 30 years in SCDC).  However, there are circumstances in which kidnapping accusations are based on inconclusive evidence, untrustworthy testimony, or just a simple misunderstanding, any of which could serve as grounds to contest the charge effectively in court.

You should seek help from a South Carolina kidnapping lawyer who has experience helping individuals through circumstances like yours. A qualified defense attorney could ensure you understand your legal options and work tirelessly to preserve your rights throughout every stage of your criminal case.

Kidnapping Versus Conspiracy to Kidnap

According to South Carolina Code of Laws §16-3-910, a person may face criminal charges of kidnapping if they unlawfully abduct, confine, or carry away any person, unless that person is a minor and the alleged kidnapper is that minor’s lawful parent or guardian. There are no legal guidelines regarding the length of time a person must be confined or the distance they must be taken for unlawful abduction or confinement to qualify as a criminal offense.

Accordingly, a variety of actions could constitute criminal kidnapping based on this definition, ranging from forcibly moving someone to another location to locking someone in a particular room, to even momentarily preventing someone from leaving a private dwelling.  A South Carolina kidnapping attorney could go into further detail about what kinds of circumstances might be valid grounds for a kidnapping charge.

Additionally, S.C. Code §16-3-920 makes it so two people who enter an agreement or make a plan to kidnap someone else may be prosecuted as if they committed an offense under S.C. Code §16-3-910 the moment they commit any “overt act” towards making the plan a reality. This offense, known as “conspiracy to kidnap,” can result in serious consequences even if no actual kidnapping occurs.

What Consequences Could Result from a Conviction?

Both kidnapping and conspiring to kidnap another person are very serious felony offenses in the state of South Carolina. Upon conviction for either offense, a defendant may face a maximum sentence of 30 years in prison, even if they have never been convicted of any other criminal offense before.

On top of that, anyone convicted of kidnapping a child under 18 is subject to automatic placement on the state Sex Offender Registry, and the only way to avoid registration for the kidnapping of someone over 18 is to have the sentencing judge rule that the conviction in question did not involve any sexual offense or intent.  Assistance from a kidnapping lawyer in South Carolina is often essential to effectively defending against the allegations or mitigating the consequences of a conviction for this criminal offense.

Talk to a South Carolina Kidnapping Attorney About Legal Options

Because of their concentrated interest in preventing the abduction and sexual exploitation of children, state courts often punish kidnapping convictions with extremely harsh prison sentences, as well as several additional collateral consequences that could permanently alter the course of a defendant’s life.  Fortunately, it is possible to fight back against these kinds of allegations effectively with guidance from a seasoned legal professional.

Once retained, a South Carolina kidnapping lawyer could provide critical guidance and cornerstone support as you work together to defend your best interests.  Call today. ubducting