Indicted for Kidnapping in McLennan County
Have you been accused of kidnapping? Are you currently under investigation by law enforcement for an offense of this nature? It would help if you moved quickly to involve a lawyer who can aggressively assert your rights. Delaying in working with a lawyer or attempting to cooperate with the police may only lead to unintentional self-incrimination or other negative consequences. An attorney who is experienced in handling these criminal defense cases can guide you in the right direction. Our Waco criminal defense attorney can spot weakness in this prosecution’s kidnapping case and provide valuable strategy forming a defense. Call us at 254-753-6437 for a free 30-minute consultation. In the meantime, you can read our frequently asked questions about the criminal process in Waco.
Texas law classifies kidnapping into three categories: first degree, second degree, and third degree.
According to Texas Penal Code § 20.03, a person commits kidnapping in the third degree if he intentionally or knowingly abducts another person.
A person does not commit the crime of abduction in the third degree if,
- abduction is done not with an intent to use or threaten to use deadly force, or
- the abducted person is a relative of the person committing the crime, or
- the sole purpose of the person committing the crime is to assume lawful control of the victim.
- As per Tex. Penal Code § 20.04, a person commits kidnapping in the second degree if s/he voluntarily releases the victim in a safe place.
- As per the statute, Tex. Penal Code § 20.04, a person commits kidnapping in the first degree if s/he intentionally or knowingly abducts another person with the intent to:
- hold him for ransom or reward; or
- use him as a shield or hostage; or
- facilitate the commission of a felony or the flight after the attempt or commission of a crime; or
- inflict bodily injury on the person abducted or abuse him sexually; or
- terrorize him or a third person; or
- interfere with the performance of any governmental or political function.
- Further, Tex. Penal Code § 20.04, states that a person commits first-degree kidnapping if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the abduction.
The elements of first-degree kidnapping are 1) a person intentionally or knowingly abducts another person 2) the abduction is with intent to terrorize him[i]
According to Texas Penal Code § 12.32, the first-degree felony is punishable by imprisonment for life or any term of not more than ninety-nine years or less than five years. In addition to prison, an individual adjudged guilty of a felony of the first degree is punishable by a fine not exceeding $ 10,000.
As per Tex. Penal Code § 12.33, a second-degree felony, is punishable for not more than twenty years or less than two years. In addition to imprisonment, an individual adjudged guilty of a crime of the second degree is punishable by a fine not exceeding $ 10,000.
Under, Tex. Penal Code § 12.34, a third-degree felony, is punishable by imprisonment for any term of not more than ten years or less than two years. In addition to prison, an individual adjudged guilty of a felony of the third degree is punishable by a fine not to exceed $ 10,000.
The Department of Public Safety created the criminal law enforcement division to prevent, suppress, and solve the crime by working in conjunction with the city, county, state, and federal law enforcement agencies.
If you have been accused of kidnapping in Waco, you need an aggressive, experienced criminal defense attorney on your side. Talk to an experienced criminal defense lawyer before talking to anyone else. We know how to spot weaknesses in the prosecution’s kidnapping case. Call us for a free case evaluation at 254-753-6437.