Miami Kidnapping Defense Attorney

Kidnapping is a serious Florida felony that can carry a sentence up to life imprisonment. Valiente Law represents people investigated or charged with kidnapping in Miami and South Florida.

What the State must prove

Under §787.01, kidnapping involves forcibly, secretly, or by threat confining, abducting, or imprisoning another person against that person’s will and without lawful authority, with a specified intent:

• Holding the person for ransom or reward, or as a shield or hostage;
• Committing or facilitating a felony;
• Inflicting bodily harm on, or terrorizing, the person or someone else; or
• Interfering with a governmental or political function.

For a child under 13, confinement without the consent of a parent or legal guardian is treated as against the child’s will under this provision. A child’s willingness to go with an adult does not by itself resolve that requirement.

Kidnapping penalties

Ordinary kidnapping is a first-degree felony punishable by a term up to life. Section 787.01(3) provides a life felony when a child under 13 is kidnapped and one of the specified additional offenses is committed, such as aggravated child abuse, sexual battery, a listed lewd offense, or specified exploitation or trafficking conduct. The child’s age alone does not establish every element of that aggravated provision. The offense date, exact charge, applicable sentencing statute, and qualifying enhancements must be reviewed individually.

Habitual-offender sentencing is not automatic because a defendant has any prior violent conviction. The State must establish the particular statutory predicates and required findings.

Defenses depend on the statutory elements

A defense may challenge identification, proof of confinement or abduction, lack of lawful authority or consent, or the specific criminal intent alleged. Recordings, messages, witnesses, and an alibi can be important. When restraint accompanies another felony, whether it legally supports a separate kidnapping charge requires careful analysis.

Knowing or being related to the alleged victim is not a categorical defense. Neither is the absence of injury or an intent not to cause injury. The statute provides several alternative criminal purposes, and not every kidnapping involves a hostage demand or physical injury. A mental-health condition or lack of awareness that conduct is illegal also does not automatically excuse the offense.

Custody disputes are a separate legal question

Interference with custody under §787.03 and removing or concealing a child contrary to proceedings or orders under §787.04 are distinct from kidnapping. A late return, travel, or alleged violation of a parenting order must be evaluated under the actual offense charged, the order, custody rights, required intent, and applicable exceptions. Filing a divorce or custody case does not by itself establish kidnapping. Obtain advice promptly rather than assuming either that parental status is a complete defense or that any custody disagreement is kidnapping.

Contact Our Experienced Criminal Defense Lawyers Today

The sooner you contact an experienced defense lawyer, the better. After reviewing the facts of your case, we will help you develop a compelling legal defense strategy. Our legal team knows how to gather evidence in support of our clients. We will check for any mistakes made by law enforcement officers and work hard to protect your rights throughout the process. The consequences of a kidnapping conviction can be devastating; they can significantly hinder your future. Working with an experienced criminal defense lawyer is essential. Contact Valiente Law today to schedule your initial consultation.