Charges Of Kidnapping, Felonious Restraint, False Imprisonment & Abduction In North Carolina
A person can be charged with kidnapping in North Carolina if they confine or restrain someone against that person’s will. Kidnapping can also mean that a person was taken from one location to another when they did not want to be taken there. The two locations do not have to be a great distance apart.
Kidnapping and related charges are very serious, and a conviction can lead to a felony. If you have been charged with first- or second-degree kidnapping, restraint, or abduction, it is in your best interest to consult with a North Carolina criminal defense attorney. Vavonese Law Firm‘s founding attorney Jaime Vavonese is an experienced attorney who can help you understand your options and defend your future.
Understanding The Charges
Depending on the situation and the story that has been put into the record, the charges against you can vary. Here is a brief description of the various kidnapping and related charges in North Carolina:
- Kidnapping: When someone restrains or holds someone who is under 16 years old against their will or takes them from one place to another without the consent of the child’s parent or guardians. This can include “holding someone hostage” or using them to shield yourself from harm. Kidnapping can include human sex trafficking. First-degree kidnapping typically involves sexual assault and the person not being let go into safety. First-degree kidnapping is a Class C felony. Second-degree kidnapping charges happen when the person was released into safety and was not sexually assaulted. It is a Class E felony.
- Felonious restraint: When someone takes another person by motor vehicle or other transportation from one place to another against their will. This is typically a less serious charge than kidnapping. It is a Class F felony.
- False imprisonment: This is when someone makes another person stay in one place when that person does not want to stay there. It is a Class 1 misdemeanor.
- Abduction of a child: This happens when someone takes another person who is at least four years younger than they are (for example, a 19-year-old taking a 15-year-old) away from the person they are supposed to be with or away from the place they are supposed to be.
While some charges have more serious consequences than others, all kidnapping charges, abduction, and related charges are serious. These types of charges can become federal crimes if a weapon was used or if a person was taken across state lines.
Consequences Of A Felony Conviction
Being convicted of kidnapping charges can have long-lasting negative effects. The consequences can range from probation and community service to fines and jail or prison time to a death sentence. A felony charge means that you will not be able to vote, will not be able to carry or own a firearm, and will no longer be able to get federal assistance such as food stamps or student loans, or Medicaid. A felony conviction can also make it difficult to rent a place to live, get a job or even spend time with your kids.