If you are facing abduction, kidnapping or unlawful restraint in or around Cincinnati, Ohio, it is critical that you consult with an experienced defense attorney as soon as possible. Many times, kidnapping and abduction-related charges stem from misunderstandings and custody disputes, but you need to take the matter seriously. Regardless of what happened, it is understandable that you are probably scared and overwhelmed. But you do not have go through this experience alone.
At LHA, our Ohio abduction and kidnapping defense attorneys understand what you’re facing and know how to help. If you’ve been charged with kidnapping or abduction in Cincinnati, contact Luftman, Heck & Associates for a free and confidential consult about your rights, legal options, and how we can help. Call (513) 338-1890 or submit a request 24/7.
Cincinnati Kidnapping Lawyers
Attorneys Brad Groene and Juliea Crumes of Luftman, Heck & Associates pride themselves on their dedication, skill, and experience in Cincinnati abduction cases, and they have the accolades and awards to match. Some of the professional memberships and awards they hold include the following:
- National Trial Lawyers Association Member
- 10 Best Attorneys- American Institute of Criminal Law Attorneys
- Top 10 under 40-National Academy of Criminal Defense Attorneys
- Premier 100-National Academy of Jurisprudence
- 10 Best for Client Satisfaction- American Institute of Criminal Law Attorneys
At LHA, our Ohio abduction and kidnapping defense attorneys are here to provide their experience, understanding and legal counsel to help you deal with charges that you are currently facing. The sooner you consult with a skilled Cincinnati criminal defense team, the better, as they will work diligently to achieve the most favorable outcome for your case. This could mean the difference between serving less jail time to a complete dismissal of charges altogether.
- Kidnapping — Kidnapping can be defined (ORC 2905.01) as forcibly, threatening or deceptively removing an individual (also applicable if they are under the age of 13, or if they are considered mentally incompetent) from the place where they are found, or restraining their liberty for a number of different purposes.
- Abduction — Abduction is similar to kidnapping and doesn’t necessarily have to involve a child; a person of any age can be abducted. Abduction is defined as a person knowingly engaging in one of several behaviors. If convicted, you will face harsh, unforgiving penalties including extensive prison time and fines.
- Attempted Abduction — Attempted abduction is purposefully or knowingly having information that if carried out successfully, would be enough to result in the commission of the offense of abduction. Attempted abduction in Ohio is a serious criminal offense that is not treated lightly in a court of law. You will face severe penalties if you are convicted and a number of other life-altering consequences.
- Unlawful Restraint — Unlawful restraint is defined as knowingly restraining another person against their will, with or without being motivated by sexual intentions. Unlawful restraint is considered a third degree misdemeanor. If convicted, you will face very serious penalties including up to 60 days in jail and up to $500 in fines.
Kidnapping Charges
Kidnapping can be defined according to the Ohio Revised Code (ORC 2905.01) as forcibly, threatening or deceptively removing an individual (also applicable if they are under the age of 13, or if they are considered mentally incompetent) from the place where they are found, or restraining their liberty for any of the following purposes:
- To hold for ransom or as a shield or hostage;
- To facilitate the commission of any felony or flight thereafter;
- To terrorize, or to inflict serious physical harm on the victim of another;
- To engage in sexual activity , as defined in section 2907.01 of the Revised Code, with the victim against the victim’s will;
- To hinder, impede, or obstruct a function of government, or to force any action or concession on the part of the governmental authority;
- To hold in a condition of involuntary servitude.
Oftentimes kidnapping is perceived as a drastic, traumatic event such as taking someone’s child or loved one for money. However, it actually encompasses a far greater range of actions. Basically, once someone decides they do not want to go somewhere and are forced to against their will, it becomes a case of kidnapping. This could entail such things as locking someone inside of a room, taking a child away from their custodial parent or guardian or deceptively taking someone somewhere that is unbeknownst to them.
Kidnapping Penalties
A kidnapping conviction in Ohio results in harsh, serious penalties that entail long prison sentences and fines. Kidnapping is typically charged as a first-degree felony which can result in a lifetime prison sentence and fines up to $20,000. However, if the victim is unharmed, it will be charged as a second-degree felony which results in an 8-year prison sentence and up to $15,000 in fines. If the kidnapping victim was taken across state lines, it becomes a federal crime and will be investigated by the FBI in addition to local and state law enforcement.
Abduction Charges
Abduction is defined according to the Ohio Revised Code (ORC 2905.02) as a person knowingly doing any of the following:
- By force or threat, remove an individual;
- By force or threat, imprison an individual under any sort of circumstances that create a risk of physical harm to the victim or place them in a state of fear;
- Hold someone against their will as an involuntary servant;
- Any of the above actions are combined with sexual motivation.
Abduction is similar to kidnapping and doesn’t necessarily have to involve a child; a person of any age can be abducted.
Abduction Penalties
Abduction in Ohio is undoubtedly a very serious criminal offense that carries severe penalties if convicted. An abduction conviction will permanently remain on your criminal background and cannot be expunged. The specific charge and penalties you might face for an abduction conviction can vary based on the facts and circumstances of your particular case.
If you are convicted of abduction in Ohio, you will most likely be charged with a third degree felony. This carries at least one and up to five years in prison in addition to a maximum of $10,000 in fines.
If you are convicted of abduction in Ohio and the facts and circumstances of your case are more severe, you may be charged with a second-degree felony. This entails at least two and up to a maximum of eight years in prison in addition to fines of up to $15,000.
Although abduction is a very serious charge, removing an adult from a dangerous situation is a potential defense, if the following can be proven:
- The defendant had an awareness that the individual who was abducted was threatened with death or injury;
- Abduction was the only viable way of removing the victim from the situation;
- The defendant was of the understanding that they were acting on behalf of the best interest or well-being of the victim;
- The defendant was the initial target of a criminal attack by the victim, but was able to detain the attacker until law enforcement arrived.
Consequences of an Abduction/Kidnapping Conviction
In addition to extensive prison time and hefty fines, an abduction, kidnapping, or unlawful restraint conviction will undoubtedly have a profound negative impact on other areas of your life as well. You may face difficulty keeping or finding a job, furthering your education, obtaining loans, difficulty financially, maintaining professional licensures and keeping custody of your children.
The Importance of Legal Representation
Every day in Ohio, there are many individuals who are charged with abduction, kidnapping and other related offenses. If you are facing these types of allegations, it is imperative that you immediately contact a knowledgable and skilled defense lawyer.
Although every case is different, the sooner you speak with an attorney the better. Our Cincinnati-area kidnapping and abduction lawyers have successfully defended hundreds of individuals charged with abduction-related cases. Their knowledge, experience, and compassion for your case will help you receive the justice you deserve.
Questions About Ohio Abduction Laws? Call Cincinnati Kidnapping Lawyers from LHA Today.
If you are facing abduction, kidnapping or unlawful restraint charges in Ohio, it is critical that you consult with a skilled Cincinnati kidnapping lawyer from LHA today as soon as possible. Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed.
Our team is knowledgable with Ohio abduction laws. You do not have go through this experience alone. Contact us today at (513) 338-1890 or email us at advice@cincinnaticriminalattorney.com. We are available 24/7.
