A charge of kidnapping in Utah can result in a felony conviction and a substantial prison sentence. As an experienced Utah criminal defense attorney, Stephen Howard has successfully defended clients faced with aggravated kidnapping, child kidnapping, and more. Mr. Howard provides legal services to clients throughout Utah.
Elements of a Kidnapping Charge in Utah
The elements of kidnapping under Utah Code 76-5-301 include detaining or restraining another person against their will and without legal authority, for a substantial period of time or under circumstances that expose the victim to a risk of bodily injury. A simple kidnapping charge is classified as a second degree felony, punishable by up to 15 years in prison. With enhancements for child kidnapping or aggravated kidnapping, the offense level can rise to a first degree felony and may carry a mandatory life prison sentence under some circumstances.
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Related charges under the Utah criminal code, which are typically charged as misdemeanors, include unlawful detention and custodial interference. In some kidnapping cases, a prosecutor may be willing to negotiate a plea bargain involving one of these lesser misdemeanor charges instead of a more serious felony kidnapping.
A felony kidnapping charge is one of the more serious criminal charges under the Utah code. In imposing a sentence, a judge can consider not only the legal elements of the charge, but also the specific facts and circumstances of the case and the background and history of the defendant. In many kidnapping cases, the judge will have the option of imposing either a prison term or placing the defendant on probation.
Finding a Criminal Defense Attorney in Utah
If you are facing kidnapping or other criminal charges in Utah, you need an attorney on your side who is capable of defending and protecting your rights. Contact us today to see how the right attorney can make a difference for you.
A good attorney will talk with you about how your case can affect your job, education, family, and future.