One of the most serious felony crimes in North Carolina is the crime of kidnapping. Punishable by up to 231 months in prison. These kinds of charges can be extremely serious and difficult to defend. If you have been charged with kidnapping it is important that you have an experienced and knowledgeable lawyer to assist you. If you have one of these charges call the criminal defense team at Jetton and Meredith today!
There are two classifications of kidnapping charges in North Carolina. While both are felonies, the difference between these two charges can be vitally important, especially in discussing punishment for a conviction.
First-Degree Kidnapping.
- Punishment – This is a class C felony. This means that an active sentence in prison is required upon conviction. This active prison term can be up to 231 months in prison.
- Elements -There are Four key elements to the crime of first-degree kidnapping:
- Restraint, Confinement or Removal from one place to another.- Restraint – This is to restrict a person by force, the threat of force, or fraud. It is important to know that restraint does not require confinement.
- Confinement – Means some form of imprisonment within a given area (examples are a room, vehicle, or house)
- Removal – Removal contemplates the movement of a victim from one area to another, it does not require that movement to cover great distance.
- Consent: Split into two categories a lack of, or the absence of consent is an element that the government must prove in order to convict someone of the crime of kidnapping.
- Persons over the age of 16 – This consent must come from them.
- Persons under the age of 16 – This consent must come from a parent or guardian.
- Purpose: In order to convict someone of first-degree kidnapping, the government must prove that they acted for one of the following purposes:
- To hold the victim as a hostage;
- To hold the victim to secure ransom;
- Use the victim as a shield;
- Facilitate the commission of some other felony;
- Facilitate flight following the commission of some other felony;
- Doing serious bodily harm to the victim or any other person;
- Terrorizing the victim or any other person;
- Holding the victim in involuntary servitude in violation of North Carolina law;
- Trafficking another person in violation of North Carolina law;
- Subjecting or maintaining the person in sexual servitude in violation of North Carolina law;
- Release: In order for the government to convict someone of first-degree burglary, they must prove that the victim was either:
- Not released in a safe place;
- Seriously injured; OR
- Sexually assaulted.
If the Government can prove all of the above elements beyond a reasonable doubt, the jury can convict you of first-degree kidnapping and the Judge must sentence you to a prison sentence.
Second-Degree Kidnapping.
- Punishment – This is a class E Felony, punishable by up to 88 months in prison.
- Elements – The elements to this crime are almost identical to that of first-degree kidnapping, EXCEPT, that the government does not have to prove the lack of release, injury, or sexual assault element. Therefore, the elements are as follows:
- Restraint, Confinement or Removal from one place to another.
- Restraint – This is to restrict a person by force, threat of force, or fraud. It is important to know that restraint does not require confinement.
- Confinement – Means some form of imprisonment within a given area (examples are a room, vehicle, or house)
- Removal – Removal contemplates the movement of a victim from one area to another, it does not require that movement to cover great distance.
- Restraint, Confinement or Removal from one place to another.
- Consent: Split into two categories a lack of, or the absence of consent is an element that the government must prove in order to convict someone of the crime of kidnapping.
- Persons over the age of 16 – This consent must come from them.
- Persons under the age of 16 – This consent must come from a parent or guardian.
Purpose: In order to convict someone of first-degree kidnapping, the government must prove that they acted for one of the following purposes:
- To hold the victim as a hostage;
- To hold the victim to secure ransom;
- Use the victim as a shield;
- Facilitate the commission of some other felony;
- Facilitate flight following the commission of some other felony;
- Doing serious bodily harm to the victim or any other person;
- Terrorizing the victim or any other person;
- Holding the victim in involuntary servitude in violation of North Carolina law;
- Trafficking another person in violation of North Carolina law;
- Subjecting or maintaining the person in sexual servitude in violation of North Carolina law;
Due to the serious nature of these kinds of charges and the severity of the punishment, it is vital that you have an experienced and knowledgeable team behind you. If you have been charged with these crimes, call the Criminal Defense Team at Jetton and Meredith today!