Facing kidnapping charges in Massachusetts is a serious and life-altering situation. The legal system is complex, and the stakes are high. You need an experienced Massachusetts criminal defense lawyer on your side.

At Riccio Law, Attorney Anthony Riccio is dedicated to providing aggressive and personalized legal representation. With a deep understanding of Massachusetts laws and a commitment to your rights, he will fight tirelessly on your behalf.

Don’t face these charges alone. Contact Riccio Law today for a free consultation.

Understanding Kidnapping Charges in Massachusetts

Kidnapping is a severe felony offense in Massachusetts, defined under Massachusetts General Laws Chapter 265, Section 26. It involves:

  • Confining or imprisoning a person against their will
  • Seizing or taking a person with the intent to hold them unlawfully and secretly

Key elements the prosecution must prove:

  1. Lack of Lawful Authority: The defendant had no legal right to confine the person.
  2. Force or Secret Confinement: The victim was held by force, threat, or deception.
  3. Against the Victim’s Will: The victim did not consent to the confinement.

Types of Kidnapping Crimes

Standard Kidnapping

  • Penalty: Up to 10 years in state prison or up to 2 years in jail; fine up to $1,000.
  • Description: Unlawfully confining someone against their will without additional aggravating factors.

Kidnapping Using a Firearm or Weapon

  • Penalty: Minimum of 10 years in state prison; up to life imprisonment if serious bodily injury or sexual assault occurs.
  • Description: Involves using a firearm, rifle, assault weapon, or machine gun during the kidnapping.

Kidnapping for Extortion

  • Penalty: Up to life imprisonment.
  • Description: Kidnapping with the intent to extort money or valuables from the victim or others.

Drugging for the Purpose of Kidnapping

  • Penalty: Minimum of 10 years in prison; up to life imprisonment.
  • Description: Administering drugs to incapacitate a person for kidnapping.

Kidnapping of a Minor Under 16

  • Penalty: Up to 15 years in prison.
  • Description: Taking or holding a child under 16 without consent.

Parental Kidnapping

  • Penalty: Up to one year in a house of correction and a fine up to $1,000; increases to up to 5 years in state prison and a fine up to $5,000 if the child’s safety is at risk.
  • Description: A relative, typically a parent, takes a child in violation of custody orders.

Penalties for Kidnapping in Massachusetts

Penalties vary based on:

  • Age of the Victim: Harsher penalties for victims under 16.
  • Use of Weapons: Use of firearms or other weapons increases severity.
  • Injury to Victim: Serious bodily harm or sexual assault elevates penalties.
  • Motive: Kidnapping for extortion or trafficking carries heavier sentences.

Potential consequences include:

  • Lengthy Prison Sentences: Ranging from 2 years to life imprisonment.
  • Fines: Up to $5,000 or more depending on the offense.
  • Permanent Criminal Record: Affecting future employment and rights.

Federal Kidnapping Charges

Kidnapping can become a federal offense when:

  • Victim Not Released Within 24 Hours: Presumption of interstate transport.
  • Crossing State or International Borders: Victim is moved across state lines or out of the country.
  • Victim is a Government Official: Includes U.S. or foreign officials.
  • Within Federal Jurisdiction: Occurs on federal property, aircraft, or maritime settings.

International Parental Kidnapping

Under the International Parental Kidnapping Crime Act (IPKCA):

  • Description: A parent removes a child from the U.S. to obstruct custody rights.
  • Penalty: Up to 3 years in federal prison.
  • Challenges: Requires cooperation with foreign governments; complex legal proceedings.

Defending Against Kidnapping Charges

A strong defense is crucial. Potential defense strategies include:

  • Lack of Intent: Proving no intent to kidnap or harm.
  • Consent: The alleged victim consented to go with the defendant.
  • Mistaken Identity: Defendant was wrongly identified.
  • Alibi: Evidence showing the defendant was elsewhere.
  • Mental Incapacity: Defendant was not mentally capable of intent.

Attorney Anthony Riccio will:

  • Thoroughly Investigate: Examine all evidence and circumstances.
  • Challenge Prosecution’s Case: Question the credibility and legality of evidence.
  • Pursue Dismissal or Reduction: Aim to reduce charges or have them dismissed.

Why Choose Attorney Anthony Riccio

  • Extensive Experience: Specializes in criminal defense with a focus on serious felonies.
  • Personalized Attention: Tailors defense strategies to each client’s unique situation.
  • Proven Results: Track record of successful outcomes in complex cases.
  • Compassionate Support: Understands the stress clients face and provides empathetic guidance.

Your future is too important to trust to just any attorney. Choose someone who will fight for you every step of the way.

The Legal Process and What to Expect

Initial Consultation

  • Free and Confidential: Discuss your case without obligation.
  • Assessment: Attorney Riccio will evaluate the charges and potential defenses.

Investigation

  • Evidence Gathering: Collect documents, witness statements, and other pertinent information.
  • Expert Consultation: Work with investigators or experts if necessary.

Pre-Trial Motions

  • Suppress Illegally Obtained Evidence: Challenge violations of rights.
  • Dismissal Motions: Seek to have charges reduced or dismissed.

Negotiation

  • Plea Bargains: Negotiate with prosecutors for lesser charges or sentences if appropriate.

Trial Preparation

  • Build a Strong Defense: Prepare arguments, examine evidence, and plan courtroom strategy.

Trial

  • Aggressive Representation: Attorney Riccio will advocate fiercely on your behalf.

Post-Trial Actions

  • Appeals: If necessary, pursue appeals to higher courts.

Frequently Asked Questions (FAQs)

What should I do immediately after being charged with kidnapping?

Do not speak to law enforcement without an attorney present. Contact Attorney Anthony Riccio immediately to protect your rights.

Can kidnapping charges be dropped if the victim recants their statement?

While a victim’s recantation can impact the case, the prosecution may still proceed. Legal representation is crucial.

How does a federal kidnapping charge differ from a state charge?

Federal charges often involve harsher penalties and are prosecuted by federal agencies. The legal processes and courts differ.

Is parental kidnapping treated less severely?

Parental kidnapping is still a serious offense, especially if the child’s safety is endangered. Penalties can be significant.

What if I didn’t use force or threaten the alleged victim?

Kidnapping can still be charged if the victim was taken without consent, even without force. Legal advice is essential.

Conclusion

Kidnapping charges carry severe consequences that can affect your entire life. You need a dedicated and experienced attorney who understands the complexities of Massachusetts kidnapping laws.

Attorney Anthony Riccio is committed to providing the aggressive defense you need. With personalized strategies and unwavering support, he will work tirelessly to achieve the best possible outcome.

Your future is on the line. Don’t take chances.

Contact Riccio Law for a Free Consultation

Take the First Step Toward Protecting Your Rights

Facing kidnapping charges is overwhelming, but you don’t have to face them alone. Call Attorney Anthony Riccio today at (617)-404-8878 or contact us online for a free and confidential consultation.

Act now—the sooner you have legal representation, the better your chances of a favorable outcome.

Legal Resources