Kidnapping is a terrifying charge. It evokes images of villains conspiring to take people and torture them for ransom money.

Scenarios like that do, of course, exist, but legally, the word “kidnapping” can be applied to many situations. A divorcee could take their kids across state lines to a theme park, only to return and find that they’ve been accused of kidnapping their own children.

The term, by itself, could follow you for life and create untold damage. Any landlord or potential employer who sees this charge on your record will make some heavy assumptions about you. Housing and work could become a problem for a long time to come.

If you’ve been accused of this crime, here are some possible defenses you can use in court.

The Person Agreed to Go with You

Kidnapping inherently assumes that someone was taken against their will. If, therefore, someone went willingly went off with you, then they weren’t kidnapped.

This person may change their mind later. If they do, and you let them go (from your house/car/etc.), then you did not kidnap them.

You Were Honest About Your Intentions

If Person A willingly goes with Person B, but Person B lied about the destination, activity, and so on, this could be an example of kidnapping.

If, however, you told someone of your destination and intentions up front, and they happily join you, this is not an example of kidnapping.

You Are Innocent

As with any criminal charge, the best way out is to simply prove that you didn’t commit the crime. Kidnapping generally involves some kind of force or deceit. As we described above, without these elements, the alleged victim was not kidnapped.

Distance plays a role in a kidnapping charge as well. If you transported someone just a short way, you may not be technically guilty of kidnapping.

Moreover, the prosecution’s evidence may simply not support their claim. They may have confused you for someone else. There may be a paper trail that provides an alibi. Witnesses can help corroborate your innocence.

You Were Forced to Do It

Sometimes, people accidentally fall into an unscrupulous group. These days, many criminals use others to commit their crimes, keeping themselves “clean.”

Whenever someone threatens you or your family and forces you to commit a crime, you are operating under “duress.” A duress claim is a legitimate defense in a criminal trial, and if you work with the authorities, they may be able to protect you from your abusers.

The Police Used Improper Methods

Even when a suspect is guilty, a court could throw out the case if the police did not follow the rules. Make sure you tell your lawyer all the details of your arrest. They may be able to find evidence of improper police procedure.

Examples include:

• Entrapment.
• Unnecessary force.
• Ignoring Miranda rights.
• Forcing a confession from a suspect.
• Going outside the limits of a search warrant.

The Law Offices of Kenneth A. Stover is here to help defend you against kidnapping accusations. You can schedule a free consultation by contacting us online or calling our office at (775) 502-1575.

4 Legitimate Defenses Against Domestic Violence Claims

No matter the charge, you always have the right to a criminal defense. In our system, you are convicted only if you’ve been found guilty “beyond a reasonable doubt.”

There is normally some room for doubt in any case. Even when it’s clear that the defendant committed the act in question, there may have been extenuating circumstances. Just because your hands did something, that doesn’t mean it was an intentional act of cruelty.

The cops would have you believe that a domestic violence case is “open-and-shut.” This is rarely true. Officers have room to leap to conclusions. They can even arrest someone for domestic violence when the alleged victim says nothing happened.

If you’ve been accused of domestic violence, don’t give up hope, and don’t take the charges lying down. Here are some potential defenses that you can discuss with your attorney.

1. The Accusations Are False

It’s uncomfortable to admit, but many domestic violence claims are untrue. A recent study suggests that as many as 20 million Americans were wrongfully accused in 2020.

When you didn’t commit a crime, the evidence should reveal this fact. Proof that you are innocent may include:

• Alibis
  These days, it’s easier to trace someone’s journey. You may have receipts, a GPS history, witness statements, or even security footage that places you elsewhere at the time of the event.
• Medical Records
  Violent attacks leave specific injuries. The effects of a punch, for example, do not match the effects of a scratch. Your attorney could secure your accuser’s medical records, locating inconsistencies in their claims.
• Physical Damage
  Violent acts often involve inanimate objects thrown or used as weapons. Just like with medical records, a close inspection of any alleged weapons or surrounding damage could reveal a different account.

2. It Was an Accident

In a heated exchange, people gesture wildly, throwing their hands and harms about. These situations can easily lead to an accidental strike. Out of anger, the person who received the blow can use it as an opportunity to make a false domestic violence claim.

3. You Acted in Self-Defense

You have the right to defend yourself, even from family members.

Self-defense is appropriate when:

• You believe you are in danger.
• The threat is immediate.
• Inaction could lead to injury.
• Your reaction is equal to the threat.

4. You Didn’t Know What Else to Do

For some, this claim may sound strange as a defense strategy. It is, in fact, a legitimate claim, and it has worked for many in domestic violence trials.

Imagine your partner is having a complete breakdown. They are out of control, throwing things, and screaming. You keep trying to talk them down, but nothing works. The children are frightened, and you’re concerned that your partner is going to hurt themselves or someone else. Out of desperation, you strike them.

If you experienced a similar situation, the court could have mercy on you. It recognizes that you are not a mental health professional, and desperate times sometimes call for desperate measures.

If you’ve been accused of domestic violence, reach out to the Law Offices of Kenneth A. Stover today for help. You can call our office at (775) 502-1575 or contact us online.