How Does The State Prove Kidnapping?
Asportation, or the unlawful carrying away of the victim, is an essential element of the crime of kidnapping. The experienced Baltimore criminal defense attorney knows that unlawfully confining a person, without more, is false imprisonment, not kidnapping1.
The distance carried away does not matter. Even a small distance will suffice. A problem arises when aggressive, perhaps overzealous prosecutors add a kidnapping charge, where the actual crime is something else [e.g. rape, assault etc], for most violent crimes involve the elements of kidnapping to some extent. A seasoned attorney can assist you in multiple ways. One such way, is to ensure that State proves its case, and if you are convicted, that it is of the appropriate, lawful crime. Any person accused of an offense has fundamental constitutional and trial rights. When these rights are denied, tampered with, or infringed upon, The State risks not being able to secure a sought after conviction.
-This Article was updated by Eric Kirk on 3/18/20.