Kidnapping

Kiddnapping

Crime of Kidnapping in Arizona A.R.S. 13-1304.

When someone is charged with the crime of kidnapping in Arizona A.R.S. 13-1304, the government must prove beyond a reasonable doubt that the person knowingly restrained another person with the intent to do any of the following:

  1. Hold the victim for ransom, as a shield or hostage, or
  2. Hold the victim for involuntary servitude, or
  3. Inflict death, physical injury or a sexual offense on the victim, or otherwise aid in the commission of a felony, or
  4. Place the victim or third person in reasonable apprehension of imminent physical injury, or
  5. Interfere with the performance of a governmental or political function, or
  6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.

There are numerous ways a kidnapping may occur. An example is to hold or restrain a person to commit a sexual offense such as a rape. Another example is to hold or restrain someone by not allowing that person to get away from the perpetrator who is beating and punching the person or to threaten to beat or punch that person. A key factor to be proven by the government to a charge of kidnapping is the restraining of the other person. This restraint must be done with knowledge or intent and must be proven beyond a reasonable doubt.

Should someone be charged with the crime of kidnapping in Arizona, an experienced criminal defense attorney is needed to protect the rights of the accused. That experienced criminal defense attorney is Brian DiPietro. He has more than 30 years of experience in criminal law, and has the knowledge and toughness necessary to fight for those rights.

Penalty for Someone Charged with the Crime of Kidnapping in Arizona A.R.S. 13-1304.

Kidnapping in Arizona A.R.S. 13-1304 is a serious crime and carries with it a severe penalty. The penalty is second only to murder and the consequences of conviction are substantial.

  • Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before committing any of the acts listed in the statute. Under this circumstance the kidnapping is a class 4 felony.
  • If the victim is released by agreement with the government and without any physical injury, it is a class 3 felony.
  • If the victim is under 15 years of age kidnapping is a class 2 felony.
  • The sentence for kidnapping of a victim under 15 years of age shall run consecutively to any other sentence imposed on the defendant. This means that should a conviction for another felony count occur then the sentence for the kidnapping count runs after the sentence for the first count conviction. For example the judge sentences to prison for 10 years on both counts the total time in prison is 20 years.

Defenses to the Crime of Kidnapping in Arizona A.R.S. 13-1304.

Depending on the circumstances of the charged offense there are several defenses to the crime of kidnapping in Arizona A.R.S. 13-1304.

Mistaken identity could be a defense to a kidnapping charge.

A defense could be the victim was not being held for ransom, or as a shield or for involuntary servitude. And likewise, the victim may not have been sexually assaulted or physically injured.

Brian DiPietro Law PLLC Arizona Experienced Tough Aggressive Lawyer for a Kidnapping Charge

Call now Brian DiPietro Law, PLLC 623-242-2655, for an experienced and knowledgeable Arizona criminal defense attorney such as Brian DiPietro when a facing a charge of kidnapping or any criminal charges. He will be able to analyze the facts surrounding the charge and determine the sufficiency of the government’s case, and especially how to defend against the accusation. Mr. DiPietro has over 30 years of experience as a prosecutor and tough, aggressive criminal defense attorney. He will be extremely helpful to anyone who is charged in Arizona with the offense of kidnapping.

Custodial Interference

Crime of Custodial Interference of a Child in Arizona A.R.S. 13-1302.

Custodial interference of a child, A.R.S. 13-1302, is a crime that involves a child born out of wedlock and occurs when a person knows or has reason to know that the person has no legal right to do so, but does one of the following:

  1. Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution.
  2. Before the entry of a court order determining custodial rights, takes, entices or withholds any from the other parent denying that parent access to any child.
  3. If the person is one of two persons who have joint legal custody of a child, takes, entices or withholds from physical custody the child from the other custodian.
  4. At the expiration of access of rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian.

Under Arizona law, the mother is the legal custodian of the child born out of wedlock until paternity is established and custody or access is determined by a court.

A criminal charge of custodial interference of a child in Arizona, A.R.S. 13-1302, requires the assistance of an experienced, tough and aggressive defense attorney to protect the rights of the accused. That criminal defense attorney is Brian DiPietro who has more than 30 years of experience as a criminal lawyer, and knows what it takes to protect the constitutional rights of a person charged with the crime of custodial interference in Arizona.

Penalty for the Crime of Custodial Interference of a Child in Arizona A.R.S. 13-1302.

The penalty for violating custodial interference of a child in Arizona, A.R.S. 13-1302, can be very serious as the law provides a range of penalties depending on the gravity of the particular offense charged.

  • It is a class 3 felony if committed be a person other than the parent or custodian or their agent.
  • It is a class 4 felony if the child or incompetent person is taken, enticed or kept from lawful custody out of Arizona by the parent or custodian or their agent.
  • It is a class 6 felony if committed by a parent or their agent.
  • It is a class 1 misdemeanor if the child or incompetent person is voluntarily returned without physical injury by the parent or their agent before forty-eight hours after the taking, enticement or keeping of from lawful custody of the child or incompetent person.

Defenses to the Crime of Custodial Interference of a Child in Arizona A.R.S. 13-1302.

It is a defense to the violation of paragraph 2 of A.R.S. 13-1302, if both:

  1. The defendant has begun the process to obtain an order of protection or files a petition for custody within a reasonable time and the order of protection or petition states the defendant’s belief that the child was at risk with the other parent, and;
  2. The defendant must be the child’s parent and have the right of custody and the defendant either:
    • Has a good faith and reasonable belief that the taking, enticing or withholding is necessary to protect the child from immediate danger.
    • Is a victim of domestic violence by the other parent and has a good faith and reasonable belief that the child will be in immediate danger if left with the other parent.

Brian DiPietro Law PLLC Arizona Experienced Tough Aggressive Lawyer for Custodial Interference Criminal Charge

Contact Brian DiPietro Law PLLC today 623-242-2655, for a free case evaluation about your pending criminal offense case involving custodial interference in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular criminal offense charges. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your custodial interference charges in Arizona.

Unlawful Imprisonment

Crime of Unlawful Imprisonment in Arizona A.R.S. 13-1303.

Unlawful imprisonment in Arizona, A.R.S. 13-1303, happens when a person knowingly restrains another person.

Restrain under Arizona law means to restrict a person’s movements without consent, without legal authority, and in a manner which interferes substantially with such person’s liberty, by either:

  • Moving such person from one place to another, or
  • By confining such person.

Arizona criminal defense attorney Brian Di Pietro has successfully represented many clients who had been charged with the crime of unlawful imprisonment. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of unlawful imprisonment and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the offense of unlawful imprisonment for his clients.

Penalty for Unlawful Imprisonment in Arizona A.R.S. 13-1303.

Unlawful imprisonment in Arizona, A.R.S. §13-1303, carries a penalty as a class 6 felony or a class one misdemeanor depending on the circumstances of the case.

  • Unlawful imprisonment is a class 6 felony.
  • If the victim is released voluntarily by the defendant without physical injury in a safe place before arrest then it is a class one misdemeanor.

The sentencing range for a class 6 felony is a mitigated term of .33; years minimum .5 years; presumptive 1 year; maximum 1.5 years; and aggravated 2 years.

A class I misdemeanor carries a maximum penalty of 6 months in jail, $2,500 fine and 3 years of probation.

Defenses to Unlawful Imprisonment in Arizona A.R.S. 13-1303.

The defenses to unlawful imprisonment in Arizona A.R.S 13-1303, may include:

  • Alibi
  • Consent
  • Mere presence
  • Insufficiency of state’s evidence
  • Mistaken identity

Brian DiPietro Law PLLC Arizona Experienced Tough Aggressive Lawyer for Unlawful Imprisonment Criminal Charge

Contact Brian DiPietro Law PLLC today 623-242-2655, for a free case evaluation about your pending criminal offense case involving unlawful imprisonment in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular criminal offense charges. Contact now Brian DiPietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your unlawful imprisonment charges in Arizona.

Sex Trafficking

Crime of Sex Trafficking in Arizona A.R.S. 13-1307.

Sex trafficking is a related offense to kidnapping because of the moving of persons without their consent and against their will for the purposes of engaging in sex. Sex trafficking, A.R.S. 13-1307, is to traffic another person eighteen years old or older by:

  1. For prostitution, sexually explicit performance by deception, force or coercion, or
  2. Know a person will engage in prostitution or sexually explicit performance by deception, force or coercion

If the person is under eighteen years old it is unlawful to:

  1. Cause the minor to engage in prostitution or sexually explicit performance, or
  2. Know the minor will engage in prostitution or sexually explicit performance.

Arizona criminal defense attorney Brian Di Pietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 30 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of sex trafficking and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of sexual conduct with a minor for his clients.

Penalty for Sex Trafficking in Arizona A.R.S. 13-1307.

The penalties are different for causing someone eighteen or older to engage in any sex act than for a person under eighteen years old. The penalty for causing a minor to engage in sex is more severe.

Sex trafficking in Arizona, A.R.S. 13-1307, is a class 2 felony and carries a mitigated sentence of 3 years; a minimum of 4 years; a presumptive 5 years; a maximum 10 years; and a mitigated sentence of 12.5 years. If the victim is under eighteen years old the sentence is consecutive to any other sentence which may be imposed. If the victim is under eighteen years old the offense is considered a dangerous crime against children.

Defenses to a Crime of Sex Trafficking in Arizona A.R.S. 13-1307.

The defenses to sex trafficking in Arizona A.R.S 13-1307, may include:

  • Alibi
  • Consent
  • Mere presence
  • Insufficiency of state’s evidence
  • Mistaken identity
  • The victim reasonably appeared to be over eighteen years old and the defendant had no reason to believe the victim was not over eighteen years old.

Brian DiPietro Law PLLC Arizona’s Tough Experienced Aggressive Sexual Offense Lawyer

Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sex trafficking case in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sex trafficking charge. Contact now Brian DiPietro Law PLLC at 623-242-2655, for a free confidential case evaluation about your sex trafficking charge in Arizona.