Kidnapping

Defending Against Kidnapping Charges in Massachusetts

Kidnapping is one of the most serious felony charges on the books in Massachusetts. Some kidnapping offenses are punishable by up to life in prison. The word kidnapping itself is impactful; it invokes society’s greatest fears: of having a child snatched away, of being held for ransom by violent men. But a kidnapping charge can arise in various contexts, ranging from domestic disputes to alleged abductions during the commission of other crimes. As with all serious crimes, choosing the right lawyer to fight for you is the most important decision you can make, as it often makes the difference between freedom and years behind bars. When you need a criminal defense without compromise, you need Erkan & Sullivan, PC. As former prosecutors with over forty years of combined experience, we will even the odds for you.

Kidnapping Under Massachusetts Law

Kidnapping is defined and punished under G.L. c. 265, § 26. According to the statute, kidnapping occurs when an individual “forcibly or secretly confines or imprisons another person against their will, or forcibly carries or sends such person out of the Commonwealth, or forcibly seizes and confines or inveigles or kidnaps another person with intent to cause them to be secretly confined or imprisoned against their will.” Despite the archaic legal language of the statute, the offense can be broken down as follows:

Elements of Kidnapping:

To convict a person of kidnapping, the prosecution must prove the following elements beyond a reasonable doubt:

1. Unlawful Confinement or Movement. The Government must prove the accused forcibly or secretly confined or imprisoned someone.
   • One acts “forcibly” toward another when one compels or constrains them to do something against their will. There need not be actual physical force used. It is sufficient if the person is subdued by a display of potential or threatened force.
   • Something is done “secretly” if it is done without the knowledge of anyone other than the defendant (and those assisting the defendant).
   • A person is “confined” if kept within bounds or limits, shut or kept in, or restricted in movement.
   • A person is “imprisoned” if detained in custody or if their liberty is restrained.
2. Lack of Consent. This is often the most important element. It requires proof that the confinement or restraint was without the alleged victim’s permission or consent. Note that consent is not an element when the alleged victim is a child.
3. Absence of Lawful Authority. The Commonwealth must prove that the defendant acted without lawful authority. Lawful authority may exist, for instance, if a parent takes custody of their child.

Kidnapping Penalties

Massachusetts law provides enhanced penalties for aggravated kidnapping under certain circumstances, including:

1. Simple Kidnapping. Kidnapping in the absence of other aggravating factors is punishable by up to ten years in prison. (G.L. c. 265, § 26).
2. Armed Kidnapping. When the defendant is armed with a firearm, the penalty is at least ten years in prison or at least two years in the house of correction. The minimum sentence, however, is not mandatory, meaning that in appropriate cases the judge can impose a sentence of probation. This enhancement does not apply in the context of so-called parental kidnapping. (G.L. c. 265, § 26).
3. Kidnapping for Ransom. When the kidnapping is committed with the intent to extort money or other valuables from the victim or a third party, it is punishable by life in prison. If the kidnapping for ransom is accomplished with a firearm, there is a minimum twenty-year sentence. The minimum penalty is not mandatory. (G.L. c. 265, § 26).
4. Armed Kidnapping Resulting in Serious Bodily Injury or Sexual Assault. When the defendant commits this offense while armed with a dangerous weapon (any weapon, not just firearms), and the alleged victim is seriously injured or sexually assaulted, the penalty is from twenty-five years up to life in prison. The minimum penalty is not mandatory. (G.L. c. 265, § 26).
5. Kidnapping of a Minor by a Non-Custodial Parent. The minimum (non-mandatory) sentence is fifteen years in state prison. (G.L. c. 265, § 26).
6. “Parental” kidnapping. When a child (or incompetent person) is kidnapped by a relative, the maximum penalty drops to one year in the county jail. (G.L. c. 265, § 26A).

Effective Defense Strategies for Kidnapping Charges

A strong defense strategy begins with a detailed analysis of the case, the alleged facts, and the prosecution’s evidence. At Erkan & Sullivan, P.C., we tailor our defense strategies to each client’s unique situation. Here are some common and effective defenses:

1. Challenging the Elements of the Crime and the Strength of the Proof:

• Lack of Intent:
  • Demonstrating that there was no intent to confine, imprison, or secretly move the alleged victim can be a powerful defense. It is not enough for the alleged victim to say they felt confined; rather, it must be proved that the perpetrator’s intention was to do so.
• Consent:
  • If the alleged victim willingly went along with the defendant’s actions, the prosecution cannot prove the crime of kidnapping. This is a fairly common scenario. For instance, imagine a case where you give a friend a ride. There is an argument in the car and you drive off, leaving your friend behind. Your friend later claims they were “kidnapped” because they were left stranded. By establishing the context of the incident, we can explain that the allegation of kidnapping was fabricated out of bitterness from the fight.
  • Domestic or custodial disputes can often result in false kidnapping charges. It happens often. What started out as a heated argument turns into a claim that you held or took your significant other someplace against their will. By fleshing out the nature of the dispute, we can seriously undermine the credibility of the allegations, establishing them for the fraud that they are.
• The victim is lying:
  • Because these offenses usually involve parties that have a history with each other, we can often uncover a trove of information showing that the allegation is not deserving of belief. Whether it be by talking to witnesses who disclose a pattern of past hostility, conducting social media or text communication review to uncover inconsistent statements, or through rigorous cross-examination, we will expose the deception of those who seek to lie about our clients.

2. Mistaken Identity:

• Eyewitness misidentification is a common issue in criminal cases. We employ forensic evidence, alibi witnesses, and expert testimony to challenge the identification of our clients. Click here to read more about how effective identification defenses are developed.

3. Parental Custody Issues:

• In cases involving alleged parental kidnapping, we can often show that the accused parent believed they had lawful custody or acted in the child’s best interest. Such a showing will completely undermine the prosecution’s case.

4. Bungled Police Investigations:

• Constitutional violations. In a surprising number of cases, police take shortcuts or otherwise fail to comply with established procedure. Whether it be an illegal search or an improper interrogation, when police violate your constitutional rights, we will deny them the evidence they obtained as a result.
• Sloppy crime scenes and investigative omissions. Another thing we see a lot is police officers who fail to exercise reasonable care in conducting their investigations. They often have tunnel vision, causing them to ignore important leads. They may fail to secure important evidence, like surveillance videos, forensic evidence like prints and DNA, or witness statements. We will argue forcefully that if the Government failed to conduct a proper investigation, they have failed to eliminate reasonable doubt. This often results in acquittal.

Kidnapping Defense Without Compromise.

Kidnapping cases are legally and emotionally complex. The stakes are high, and you need an experienced defense team that understands the nuances of Massachusetts law and how to attack the evidence. If you or a loved one is facing kidnapping charges in Massachusetts, it’s critical to act quickly. The consequences of a conviction are severe, but with the right legal representation, you can protect your rights and your future.

Contact Erkan & Sullivan, P.C. today at (978) 474-0054 or use our online contact form to schedule a confidential consultation. Let us stand by your side and provide the relentless defense you deserve.