Massachusetts Kidnapping Defense Attorney

What Are the Elements of the Massachusetts Crime of Kidnapping?

Massachusetts General Law Chapter 265 section 26 provides that whoever forcibly or secretly confines another against his or her will or forcibly carries or sends another out of the state or forcibly or secretly confines someone with the intent that he or she is secretly confined will be punished.

You can be found guilty and sentenced to prison for kidnapping in Massachusetts. Below is a synopsis of various kidnapping scenarios and potential penalties:

  • Forcibly or secretly confining or imprisoning someone against his or her will. You do not have to use physical force to be convicted of kidnapping in this manner in Massachusetts. If convicted of kidnapping in Massachusetts under this law you can go to prison for up to ten (10) years;

  • Kidnapping someone for the purpose of extorting money. If a Massachusetts jury convicts you of kidnapping with the intent to get money, you face imprisonment in the state prison for life or for any term of years ;

  • If you use a gun during the course of the kidnapping in Massachusetts you face a prison sentence of a minimum ten (10) years;

  • If you use a dangerous weapon during a kidnapping in Massachusetts and serious bodily injury results or you sexually assault the person who was kidnapped a judge must sentence you to twenty-five (25) years in prison;

  • If you kidnap a person who is not yet 16 years of age you can go to prison for up to fifteen (15) years.
If I Am Charged with This Crime What Should I Do?

If you have been charged with kidnapping in Massachusetts you should contact criminal attorney Kathleen McCarthy. Kathleen McCarthy is a Massachusetts criminal defense lawyer with offices in Boston and the suburbs who has the knowledge and experience necessary to defend you if you have been charged with kidnapping. As a former prosecutor who handled Massachusetts kidnapping cases Kathleen McCarthy understands how important it is to act quickly to protect your legal rights.

Can A Kidnapping Case Be Prosecuted in a Massachusetts District Court?

No. The Superior Court has exclusive jurisdiction over this crime. The crime of kidnapping is a felony. If a defendant is sentenced to prison as a result of a conviction for this offense, he or she faces time in a state prison such as M. C. I. (Massachusetts Correctional Institution) Walpole, M.C.I. Norfolk, M.C.I. Shirley and The Souza-Baranowski Correctional Center. Clearly, this crime is a very serious offense and is taken seriously by the prosecutors and the court system.

What Types of Defenses Can Be Raised for This Offense?

An experienced Massachusetts trial lawyer will always begin to build a defense as soon as possible. Interviewing potential witnesses before their memories fade is often the difference between winning and losing at trial. Also, it is important to investigate whether there is any evidence such as video cameras in the area of the offense or unbiased witnesses that can support the defendant’s theory of the case. Again, it is important to peruse these avenues early so that any potentially exculpatory evidence is not inadvertently destroyed.

If the parties knew one another then examining any motive that a complaining witness may have to lie is always important. Sometimes in cases of parental kidnapping a parent may exaggerate a situation to get an advantage in divorce court or in a custody dispute. All of these areas must be fully examined to ensure the most favorable result for a client.

If you need a criminal lawyer who is familiar with the Massachusetts legal system contact Attorney Kathleen McCarthy online or call 978-975-8060 now.