Just recently this New Orleans criminal defense law blog discussed some of the issues individuals may face if they are accused of kidnapping. This week’s post looks at some of the elements of the state’s simple kidnapping law and how those elements may provide defenses to those who must overcome related criminal charges.
For example, simple kidnapping may occur when a person intentionally takes another person from one place to another without the other person’s consent. There are at least two possible defenses associated with this statement, and those defenses are related to the intent and consent elements of the crime’s definition.
If a person accused of kidnapping did not intend to remove a person to a new location, then he may be able to assert that he did not have the requisite mindset to be guilty of the kidnapping charges lodged against him. Like many other crimes, simple kidnapping requires a person to intend to do the crime as well as to take steps toward actually committing it. If a person does not mean to kidnap another person, then he may be able to assert that fact as a defense during his trial.
Additionally, a party charged with simple kidnapping may be able to claim that his alleged victim consented to being removed from his original location to a new place. Alleged kidnapping victims generally must be forced to go to new locations against their will for the act to be kidnapping; if an alleged victim knowingly and willingly goes with an alleged kidnapper, that alleged victim may have consented to being with the alleged kidnapper in conflict with the elements of the charge.
Every criminal charge is different but this discussion is provided to show readers that the elements of a claim may be used as defenses to serious allegations. Simple kidnapping charges may be overcome through the effective presentation of defenses; criminal defense attorneys are well-suited to help their clients identify their own defenses and to advocate for those defenses during their clients’ criminal trials.