Abduction Cases Are Not Always Tied Neatly With a Bow
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Abduction, or kidnapping, can be charged for many common situations that don’t require being tied up and held against their will. The Virginia Code defines abduction as the unauthorized holding or transporting of someone against their will by force, threat, intimidation, or deception.
It doesn’t require years of law school to be able to recognize abduction, also referred to as kidnapping, when a victim is tied up, gagged, blindfolded, thrown in the trunk of a car and carried off to be ransomed. These acts certainly fit the legal definition of abduction under Virginia criminal law; but many other situations not so obvious to the casual viewer are also considered kidnapping and carry the same penalty – up to twenty years in Virginia State Prison.
A non-violent abduction charge could be filed against someone who uses trickery or deception in order to coerce the victim who may otherwise be cooperative. For instance, impersonating a police officer by flashing a blue strobe light in order to entice a motorist to pull over is guilty of abduction. A homeowner who threatens their housekeeper to report them to Immigration and Customs Enforcement (ICE) unless they work overtime may be charged with abduction. During a lover’s spat if one holds the purse and driver’s license of their estranged to keep her from driving away may be charged with abduction.
There are other non-violent situations where no actual force is used against someone, but force is implied. For instance, a passenger in a moving vehicle who demands to be let out and the driver refuses to stop the car; the driver may be charged with kidnapping. Also, under Virginia law, there is no requirement that the victim be held for a particular time period. The abduction is completed at the instant the victim’s movement is curtailed.
A common non-violent abduction offense involved parental kidnapping. Parental kidnapping usually involves little to no coercion or force; most cases involve a complicit, and often willing, victim. The parent may be charged with abduction simply by not returning the child to the custodial parent or guardian. Similarly, abduction may be charged in cases involving young lovers when one is kept from their parents, or when a runaway child who is harbored against the will of their parents.
ABOUT THE AUTHOR: James Garrett
In Hampton Roads, VA the criminal defense attorneys of Garrett Law Group, PLC in Virginia Beach can answer your questions. If you or a family member is charged with the abduction in Virginia Beach, you should contact a criminal defense lawyer who is experienced in abduction cases. Our criminal lawyers will advise you on a proper course of action, plan an aggressive defense, and may be able to negotiate a reduction of the charge or dismissal altogether.
Copyright Garrett Law Group, PLC
More information about Garrett Law Group, PLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A non-violent abduction charge could be filed against someone who uses trickery or deception in order to coerce the victim who may otherwise be cooperative. For instance, impersonating a police officer by flashing a blue strobe light in order to entice a motorist to pull over is guilty of abduction. A homeowner who threatens their housekeeper to report them to Immigration and Customs Enforcement (ICE) unless they work overtime may be charged with abduction. During a lover’s spat if one holds the purse and driver’s license of their estranged to keep her from driving away may be charged with abduction.
There are other non-violent situations where no actual force is used against someone, but force is implied. For instance, a passenger in a moving vehicle who demands to be let out and the driver refuses to stop the car; the driver may be charged with kidnapping. Also, under Virginia law, there is no requirement that the victim be held for a particular time period. The abduction is completed at the instant the victim’s movement is curtailed.
A common non-violent abduction offense involved parental kidnapping. Parental kidnapping usually involves little to no coercion or force; most cases involve a complicit, and often willing, victim. The parent may be charged with abduction simply by not returning the child to the custodial parent or guardian. Similarly, abduction may be charged in cases involving young lovers when one is kept from their parents, or when a runaway child who is harbored against the will of their parents.
ABOUT THE AUTHOR: James Garrett
In Hampton Roads, VA the criminal defense attorneys of Garrett Law Group, PLC in Virginia Beach can answer your questions. If you or a family member is charged with the abduction in Virginia Beach, you should contact a criminal defense lawyer who is experienced in abduction cases. Our criminal lawyers will advise you on a proper course of action, plan an aggressive defense, and may be able to negotiate a reduction of the charge or dismissal altogether.
Copyright Garrett Law Group, PLC
More information about Garrett Law Group, PLC
View all articles published by Garrett Law Group, PLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
