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Skilled Kidnapping Defense Attorney in Bowling Green, Kentucky

Kidnapping DefenseJohn Caudill Attorney at Law in Kentucky knows that if you have been accused of kidnapping, unlawful imprisonment, or custodial interference, you are going to need the help of a skilled criminal defense lawyer to ensure your rights are protected from the start of your case.

These allegations come with severe criminal penalties, and subsequent social, personal, and professional consequences that can disrupt your life going forward. You do not have to take these charges sitting down, nor allow the prosecution to define your future by portraying you as guilty before you step foot inside a courtroom.

If you are facing these life-changing criminal charges, you must act quickly to protect yourself from intimidation by law enforcement and prosecutors. Contact our skilled Bowling Green and Owensboro kidnapping crime defense attorneys to begin building an aggressive defense strategy that is customized to meet your needs. Let’s get started.

What is the Definition of Kidnapping, Unlawful Imprisonment, and Custodial Interference in Kentucky?

In Kentucky, crimes involving kidnapping, unlawful imprisonment, and custodial interference all involve restraining an individual by restricting their movements in a way that substantially interferes with their liberty by either moving or confining someone without their consent.

That may include moving them from one place to another, confining them where the restriction started, or in a place they were moved to without their consent by use of:

  • Physical Force.
  • Deception.
  • Intimidation.

Someone is guilty of kidnapping in Kentucky if they unlawfully restrain another person and their intent is to:

  • Carry out or advance the commission of a felony.
  • Deprive the guardians or parents of their custody of a minor (if the alleged kidnapper is not exercising custodial supervision or control of the minor).
  • Hold them for a reward or ransom.
  • Inflict bodily injury on the victim or someone else.
  • Interfere with a political or governmental function.
  • Terrorize the victim or someone else.
  • Use them as a hostage or shield.

Someone is guilty of unlawful imprisonment in Kentucky when someone unlawfully and knowingly restrains another person, or unlawfully and knowingly restrains another person in a way that exposes them to a risk of serious physical injury.

Custodial interference is when someone unlawfully keeps, takes, or entices another person who is lawfully entrusted to the custody of another or an institution.

What are the Criminal Penalties for Kidnapping, Unlawful Imprisonment, and Custodial Interference in Kentucky in Kentucky?

The penalties for kidnapping, unlawful imprisonment, and custodial interference will depend on the individual, the circumstances of the case, and the charges the prosecutor’s office alleges against him or her.

In general, in Kentucky:

  • Kidnapping is a Class B felony if the victim is released alive and in a safe location before trial and includes a penalty of ten to 20 years in prison.
  • Kidnapping is charged as a Class A felony if the victim is released alive but has sustained serious physical injuries and includes a penalty of 20 to 50 years in prison or life imprisonment.
  • Kidnapping is a capital offense if the victim is not released alive or is released alive but subsequently succumbs to serious physical injuries sustained during the kidnapping, not being released in a safe location, or being released in circumstances that are intended, known, or should have been known to cause or lead to death, and includes a penalty of 20 to 50 years in prison, life imprisonment, or the death penalty.

In general, in Kentucky:

  • Unlawful imprisonment in the second degree is a Class A misdemeanor and includes a penalty of up to one year in jail.
  • Unlawful imprisonment in the first degree is a Class D felony and includes a penalty of one to five years in prison.

In general, in Kentucky:

  • Custodial interference is a Class D felony. The charges may be reduced if the defendant voluntarily returns the taken person before they are arrested.

If you have been charged with kidnapping, unlawful imprisonment, or custodial interference in Kentucky, contact our skilled criminal defense lawyer in Bowling Green today to discuss the details of your case, so we can get started on your defense strategy without delay.

Can Kidnapping Be Charged at a Federal Level in Kentucky?

Generally, kidnappings are state offenses, although certain circumstances can make them criminal under federal law.

For example, if the victim was transported outside of the state for at least 24 hours, when the restrained individual is used for sex trafficking, or when kidnappings involving ransom money, hostage-taking, and international parental kidnapping, they may be charged as federal offenses.

Our Warren County criminal defense lawyer, John Caudill, is the only former Federal Prosecutor in Western and South-Central Kentucky.

Over the past 30 years, John has prosecuted and defended hundreds of people and companies during both complex state and federal criminal cases that required a precise legal strategy — from preparation to trial — to pursue and secure real results for our clients.

Why Partner with the John Caudill Kidnapping Defense Attorney in Bowling Green, Kentucky?

Our trusted Bowling Green criminal defense attorney, John Caudill, has spent over 30 years protecting the rights of individuals throughout the Commonwealth of Kentucky.

Our law firm represents individuals who have been accused of complex legal charges involving kidnapping, unlawful imprisonment, and custodial interference where an exceptional legal defense strategy can mean the difference between incarceration and freedom.

Whether your arrest was the result of overly aggressive law enforcement officers, if your charges have been unnecessarily increased in number or severity by the prosecutor’s office, if you are seeking the best outcome for a crime that you would have never committed if given a second chance, or a crime that is backed by significant prosecutorial evidence, your case is important — to you, and us.

Let us help you pursue the best outcome, just as we have hundreds of clients before you.

Contact Our Dedicated Kidnapping Defense Lawyer in Bowling Green, Kentucky Today

John Caudill Attorney at Law offers aggressive defense strategies and trusted legal representation to individuals throughout the Bowling Green area and surrounding communities, including Owensboro, Franklin, Scottsville, Hartford, and Morgantown.

Our law firm has a stellar reputation for pressing the prosecution to prove our clients are guilty by forcing them to prepare for a trial. This means we are not swayed by potential plea bargains, or negotiations we know are not in our clients’ best interests.

If you have been arrested and charged with a kidnapping, unlawful imprisonment, or custodial interference crime in Kentucky, contact our trusted criminal defense attorney in Warren County today by calling (270) 925-0447 or contacting us online.

We are here to fight for your rights and your freedom. Let’s get started.

Frequently Asked Questions for Our Kidnapping Defense Attorneys in Kentucky

Can Domestic Violence Charges Become Kidnapping Charges in Kentucky?

In some domestic violence cases, law enforcement will arrest and charge the alleged abuser with kidnapping when they have confined the alleged victim – even if that simply he or she has grabbed the other person for seconds or stood in a doorway to block their path.

This is a drastic add-on charge that uses the loose definition regarding kidnapping charges to stack the deck in the prosecutor’s favor. Unfortunately, the charge often sticks without a skilled kidnapping criminal defense attorney by your side. You do not have to take the prosecutor’s word for what constitutes kidnapping in Kentucky. We can help. Contact us today to learn more.

 

Can I Be Charged with Kidnapping if I Am Late Returning My Kids from Visitation?

Kidnapping charges are very serious, and often do not rise to that level if you are simply late returning your children after your visitation day/night/weekend/vacation time. However, it is not unheard of that the other parent may allege such a crime to get the other parent in trouble. While these types of circumstances typically fall under family law, if you have been arrested, you will need a criminal defense lawyer to tell your side of the story. We can help.

What Happens if I Am Falsely Accused of Kidnapping in Kentucky?

First, if you have been accused of a crime you did not commit, do not speak with law enforcement without an attorney present. This is true for any criminal case, but especially for kidnapping charges. The consequences for kidnapping in Kentucky are so severe that a single misstep can mean the difference between your freedom and spending the next decade behind bars. Being falsely accused of kidnapping is a severe allegation that must be proven by your defense attorney by immediately investigating the individual who made the accusation, and the motive behind making the outlandish claim. We can help, and the sooner you contact us, the quicker we can protect your rights and your freedom.

What are the Most Common Defenses for Kidnapping Charges in Kentucky?

All Kentucky criminal defense cases are unique and must be assessed based on the facts of the case and the individual’s criminal history before a kidnapping defense strategy is customized to meet their needs.

Generally, kidnapping defenses may include, but are not limited to:

  • False accusations.
  • Lack of evidence proving the elements of the case.
  • Mistaken identity.
  • The alleged victim consented to the movement or restraint.
  • You lacked the intent to kidnap or restrain the alleged victim.
  • You were a relative of the victim, and your sole purpose was to assume custody of them.
  • Your rights have been violated by law enforcement, including an illegal search, seizure, or arrest.
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