Kidnapping Defense Lawyer in Jacksonville

A Team-Based Defense for Kidnapping Allegations

A kidnapping charge in Florida can put your freedom at risk for life, but the prosecution must prove more than an allegation that you restrained or moved someone. The circumstances of the alleged confinement, the accused person's intent, and the available evidence all matter.

At Owenby Law, P.A., our Jacksonville criminal defense attorneys represent clients facing serious charges in Duval County and surrounding communities. Our team draws on more than 20 years of experience and thousands of cases handled to evaluate allegations and develop defense strategies tailored to each client's circumstances.

Senior Attorney Dustin Nemati is a former prosecutor with trial experience in misdemeanor and felony cases. His understanding of how prosecutors evaluate evidence informs our approach to kidnapping charges, from the initial review through motions, negotiations, hearings, and trial preparation when necessary.

How Florida Law Defines Kidnapping

Florida Statute § 787.01 defines kidnapping as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against that person's will and without lawful authority.

The prosecution must prove more than restraint or movement. It must also establish one of the specific forms of intent identified in the statute.

The alleged conduct must involve an intent to:

• Hold a person for ransom or reward, or use that person as a shield or hostage.
• Commit or facilitate the commission of a felony.
• Inflict bodily harm upon or terrorize the alleged victim or another person.
• Interfere with the performance of a governmental or political function.

A kidnapping accusation can turn on whether confinement or abduction occurred, whether force or threats were used, and whether the accused lacked lawful authority. Prosecutors must also establish the required statutory intent with evidence.

For children under age 13, the law provides that confinement without the consent of a parent or legal guardian is against the child's will for purposes of this statute.

Potential Penalties for Kidnapping in Florida

Kidnapping is generally classified as a first-degree felony under Florida Statute § 787.01(2). Unlike a first-degree felony carrying the ordinary 30-year maximum, kidnapping under this provision is punishable by a term of imprisonment that may extend to life.

A conviction can also result in a fine of up to $10,000 under Florida's general felony fine provisions.

Aggravated Kidnapping Involving a Child Under 13

Florida law provides a more severe classification when someone kidnaps a child under age 13 and commits certain additional offenses during the kidnapping.

These qualifying circumstances include specified offenses involving aggravated child abuse, sexual battery, sexual exploitation, and human trafficking.

Under § 787.01(3), the combination of kidnapping and a qualifying offense constitutes a life felony, which may carry life imprisonment and a fine of up to $15,000.

The child's age alone does not automatically establish this aggravated classification. Prosecutors must prove the additional circumstances required by the statute.

The potential sentence depends on the precise charge, applicable sentencing provisions, and facts established in the case. Our attorneys examine the charging documents and supporting evidence rather than assuming every kidnapping case presents the same issues.

The Difference Between Kidnapping & False Imprisonment

Kidnapping and false imprisonment allegations can both involve claims that someone confined or restrained another person against their will and without lawful authority.

The primary distinction is the additional purpose required for kidnapping under § 787.01. False imprisonment, defined under Florida Statute § 787.02, does not require proof of one of those specific kidnapping purposes.

Ordinary false imprisonment is generally a third-degree felony, while kidnapping is a first-degree felony punishable by up to life imprisonment. More serious classifications can apply to false imprisonment involving children under 13 and specified aggravating offenses.

The distinction can be significant when evaluating the evidence and possible charges. We examine what allegedly happened, the circumstances and duration of any confinement or movement, and whether the prosecution can establish the required criminal intent.

We also compare witness accounts, communications, and other evidence with the charging documents to identify factual or legal disputes.