In the state of Florida, the criminal offense of kidnapping falls under the category of violent crimes. While kidnapping is commonly believed to be a well-planned act involving strangers, this is not always the case. Florida statute §787.01 defines kidnapping as imprisoning or abducting another individual against his or her will through the use of force, threats, abduction, or in secret without legal authority.

Due to Florida’s broad definition of the term “kidnapping,” the majority of kidnapping charges stem from domestic violence incidents where the accused may have forcibly imprisoned his or her partner. Florida’s kidnapping laws are extremely intricate and required the knowledge of an experienced criminal defense attorney to navigate. If you are facing kidnapping charges, it is in your best interest to seek legal advice from a qualified defense attorney.

Lawyer for Kidnapping Offenses in Gainesville, Florida

Violent offenses such as kidnapping are serious offenses which can leave a lasting mark on an individual’s record. The criminal defense attorneys at Galigani Law Firm in Gainesville, FL, in Alachua County, are prepared to work diligently on your behalf.

With decades of combined experience representing clients against kidnapping charges and other related offenses including aggravated kidnapping, false imprisonment, and battery, the defense attorneys at Galigani Law Firm possess the necessary experience to advocate for you.

Call Galigani Law Firm at (352) 375-0812 today for a free consultation to speak with a criminal defense attorney in Gainesville, Florida. Galigani Law Firm is located six (6) minutes from the University of Florida Gainesville campus.

This firm also represents clients in the adjoining areas of Bradford County, Union County, Putnam County, Marion County, Levy County, Gilchrist County, and Columbia County.

What are the Elements of a Kidnapping Charge Under Florida Law?

Under Florida statute §787.01, in order to convict a defendant of kidnapping, the prosecution must show that the defendant abducted or imprisoned a victim against that person’s will by force, by threat, or through abduction with intent to do the following:

  1. Inflict bodily harm or terrorize the victim;
  2. Use the victim as a hostage or shield or for ransom;
  3. Interfere with governmental performance or political function; or
  4. Facilitate or commit a felony.

Penalties for a Kidnapping Conviction in Florida

In Florida, penalties for a kidnapping conviction will depend heavily on the circumstances surrounding the offense. Generally, those convicted on kidnapping charges are guilty of a first-degree felony carrying a penalty of up to 30 years in prison and/or a max of $10,000 in fines.

Penalties for kidnapping charges involving children are seen as a more serious offense. Specifically, Florida enforces more stringent penalties for those convicted of confining a child under thirteen (13) years old against the child’s will and without consent from the child’s legal guardian or parent.

Back to top

Kidnapping a Child under Age 13

When an individual has been accused of confining, imprisoning, or abduction a child less than thirteen (13) years old absent consent from the child’s legal guardian or parent, penalties will differ from a standard kidnapping conviction.

More specifically, Florida provides enhanced penalties for those convicted of kidnapping a child younger than thirteen (13) when the following applies:

  1. The accused committed aggravated child abuse under Florida statute §827.03;
  2. The accused allowed a child to be exploited as defined under Florida statute §450.151;
  3. The accused violated §787.06(3)(g) regarding human trafficking;
  4. The accused committed sexual battery against a child;
  5. The accused engaged in lewd or lascivious battery, molestation, conduct, or exhibition under §800.04 or §847.0135(5) relate; or
  6. The accused engaged in prostitution of the child under §796.03 or §796.04.

Back to top

Additional Resources

Florida Statute Section 787.01 for Kidnapping – Visit the website of the Florida Legislature to find out more about kidnapping laws in Florida and resulting penalties. The Florida Legislature provides full statutes, committee notes, and other helpful resources for readers to learn about Florida’s kidnapping statutes and related offenses including false imprisonment and child abuse. Also, find statutes on penalties for violent offenses in Florida.

National Child Kidnapping Facts – Visit the website of the Polly Klaas Foundation to find more information on preventing child abduction. The Polly Klass Foundation works to prevent kidnapping, sex trafficking, and related offenses on a national level. Also, find statistics on the frequency of child kidnappings in the United States.

Back to top

Finding Attorneys for Kidnapping Crimes in Gainesville, Florida

If you or a loved one has been charged with kidnapping or a related offense, it is beneficial to seek the advice of an experienced criminal defense lawyer. Call Galigani Law Firm today at (352) 375-0812 for your free consultation with a criminal defense in Gainesville, Florida, for Alachua County.

The attorneys at Galigani Law Firm also defending clients charged with violent crimes throughout the surrounding areas including Bradford County, Union County, Putnam County, Marion County, Levy County, Gilchrist County, and Columbia County.