McLean, VA Kidnapping Charges Lawyer

Attorney for Abduction and Kidnapping Charges in McLean, Virginia

There are a variety of situations in which a person may face accusations of abduction or kidnapping in Virginia. This is often considered a violent crime, especially when an abduction allegedly involved the use of force, threats, or intimidation. A conviction can lead to harsh criminal penalties and long-term consequences.

Kidnapping charges may apply in a wide range of situations. Accusations may involve actions such as unlawfully detaining a person, using threats or force to compel someone to perform services against their will, or concealing a child from their parent. These charges are often prosecuted aggressively, especially in situations involving minors or related to domestic disputes. Because of the potential penalties, a strong legal defense is essential.

The McLean criminal defense lawyer at Noorishad Law, P.C. can help address abduction charges and defend against a conviction. He will analyze the prosecution's case for legal weaknesses, explore possible defenses such as lack of intent or lawful custody, and work to achieve a dismissal or acquittal. When you are facing violent crime charges, we will ensure that you receive fair treatment and that your constitutional rights are protected throughout the legal process.

Abduction and Kidnapping Charges in Virginia

The terms "abduction" and "kidnapping" mean the same thing in Virginia law. A person can be charged with abduction if they are accused of detaining, transporting, or concealing another person without legal justification and through the use of force, deception, or intimidation.

Kidnapping charges may apply in any situation where someone is held against their will and deprived of their personal liberty. They also address situations where a person is forced to provide labor or services against their will using threats or intimidation. This intimidation may include confiscating or withholding passports or other identification documents, threatening to report someone to immigration officials, or threatening to cause harm to a person's family members.

Abduction may be charged as a Class 5 felony, and a conviction may lead to a sentence ranging from one to 10 years in prison, as well as a potential $2,500 fine. However, abduction of a minor can lead to Class 2 felony charges, which carry a sentence ranging from 20 years to life in prison, as well as a maximum fine of $100,000. Due to these harsh penalties, a strong defense is crucial, and our attorney can provide the representation needed to succeed in these cases.

Parental Abduction and Custody Order Violations

The vast majority of child kidnapping cases involve allegations of abduction by parents or other family members. These charges may arise during child custody disputes, such as when one parent is accused of keeping their child and refusing to turn them over to the other parent in violation of a court-ordered custody and visitation agreement.

A parent or another family member who refuses to follow a child custody order that has been issued by a family court may be held in contempt of court. They may also be charged with kidnapping, which is a Class 1 misdemeanor in these situations, and if convicted, they could be sentenced to up to one year in jail and fined up to $2,500. However, a parent or other family member who is accused of abducting a child and removing them from the state of Virginia could be charged with a Class 6 felony, and they could be sentenced to between one and five years in prison. Our lawyer can provide representation for parents in these cases, helping them address accusations that they have kidnapped their own children and working to prevent consequences that could disrupt family relationships.

Potential Defenses to Abduction Charges

If you have been charged with abduction or kidnapping, there are a number of potential defense strategies that may be used to help defend against a conviction. These defenses may include:

• Consent: If the person who was allegedly abducted went willingly and without coercion, this may be a defense against claims that you used force or intimidation.
• Lawful Custody: A parent or guardian acting within the bounds of a valid custody order may not be guilty of abduction, even if the other parent disagrees with their conduct.
• Lack of Criminal Intent: Accidental or mistaken detainment without the intent to deprive a person of liberty or prevent a parent from having custody of their child may not be considered kidnapping.
• False Allegations: During contentious family disputes, one party may accuse the other of abduction as a form of leverage. In these situations, our attorney can help you demonstrate that you did not engage in activities that could be considered abduction.
• Improper Police Procedure: If your constitutional rights were violated during an investigation or arrest, our defense attorney may seek to have evidence suppressed and have the charges dismissed.

Contact Our McLean, VA Abduction Defense Attorney

When you have been accused of abduction or kidnapping, it is critical to act quickly to protect your rights and begin building your defense. To help you avoid a conviction and prevent severe penalties, Attorney Noorishad will work to build a strong defense while advocating for your rights. Whether the case involves a custody dispute, allegations of coercion, or charges of unlawful confinement, he will work with you to develop an effective defense strategy. Contact Noorishad Law, P.C. at 703-542-4500 to set up your free, confidential consultation.