Forcible confinement is often an additional charge when an accused is charged with sexual assault or domestic assault. This criminal offence states that it is illegal to force another person to remain in one location through the use of threats, coercion or physical actions.
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KIDNAPPING & FORCIBLE CONFINEMENT
Kidnapping is among the most severe charges you can face in Canada. Often paired with assault or aggravated assault charges, jail time can range from as low as four years in prison to a life sentence. The severity of the punishment can be attributed to several factors based on the details of the crime.
WHAT IS KIDNAPPING?
Kidnapping is classified as forcibly taking someone against their will to a secondary location, or holding them against their will. By definition, kidnapping is taking someone against their will to a secondary location. If that person is held against their will, charges will fall under forcible confinement.
WHAT IS FORCIBLE CONFINEMENT?
Unlawful confinement or forcible confinement is an indictable offence that is liable to imprisonment for a maximum of 10 years. It is also punishable on a summary conviction.
A forcible confinement charge is typically laid in conjunction with assault charges. However, the Crown will have their work cut out for them, proving that the alleged victim was forced to remain in place. In many cases, this becomes a matter of who said what and validifying two parties’ words against each other.
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Kidnapping Defence Lawyers
If you are charged with forcible confinement or any other kidnapping-related charges, you need to seek a defence lawyer’s advice as soon as possible. A kidnapping or forcible confinement case can be extremely complicated.
The sooner you have someone looking into the investigation details, the sooner a solution to your matter can be sought.
CONTACTING AN EXPERIENCED LAWYER
We know that facing serious charges such as forcible confinement or kidnapping can be an extremely stressful ordeal, and we’re here to ease that. Our lawyers at Ross Lutz Barristers will carefully examine the police reports, victim statements and interviews for any available witnesses.
A complete investigation independent of the police may have to be done, so our team has the best chance of defending you.
BEING CHARGED WITH KIDNAPPING
Three distinct actions must have occurred and must be proven beyond a reasonable doubt in order for someone to be convicted of kidnapping under the Criminal Code Of Canada.
- An Unlawful Abduction Of The Victim Using Force Or Intimidation
- The Victim Must Have Been Detained
- The Prosecutor Must Prove There Was Intent To Deprive The Victim Of Liberty
For example, in the context of a youth, the prosecutor must prove the accused took the alleged victim away from a parent or a guardian without the legal authority to do so.
ABDUCTION VERSUS KIDNAPPING
Abduction and kidnapping are very similar, but abduction is typically defined as the unlawful taking of a child away from their legal guardian or parent.
There are several categories of abduction, with the most common being: parental child abduction, stranger abduction, and non-family abduction.
If you have been charged with abduction, either in a parental capacity or otherwise, you need to seek immediate legal advice. At Ross Lutz Barristers, we have nearly 100 years of combined experience defending cases under various sections of the Criminal Code Of Canada.
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Clients We Have Defended Successfully
Jillian Williamson is a professional lawyer who always want to help people to step out their trouble in her field. She is smart, dedicated, and efficient. She is compassionate and willing to help those in need. So, when you are in trouble, consider her first.
I am so very pleased with the work Mathew Deshaye put into my case! He genuinely is a good person, and is determined to get justice. Matthew is extremely professional and I couldn’t have been happier with having him represent me. I’m glad that I could work with him. Dina his assistant was also great with communicating back and forth with me. I made the right choice by retaining Matthew as my lawyer and I hope you do the same. I am in tears with how grateful I am. I’m so very thankful for the work and research that went into helping me with my case! Thank you! 🙂
Jillian saved me for my child. My child was arrested and charged with a serious offence. My husband and I retained her and she worked diligently and professionally to help my child. I’m so thankful that we found her and that she was able to help us. I don’t know what would have happened or what we would have done without her. Thank you, Jillian.
Parental Child Abduction Charges
Violating Custody Agreements
Parental Child Abduction occurs when one parent takes a child without legal authority or permission from another parent with lawful custody. Even if the child willingly goes with the other parent, violating custody agreements is a criminal offence.
Not all parental child abduction cases will involve criminal charges unless a child under 14 is abducted, or it violates custody rights.
Stranger & Non-Family Abduction Charges
Stranger abduction is when someone unknown to the child abducts them. Non-family abduction refers to a child’s abduction by someone they know and are familiar with, for example, a neighbour or a teacher.
The charges for stranger abduction, non-family abduction and parental child abduction are the same and largely depends on the severity of the crime.
The severity of an abduction charge largely depends on the age of the abductee. However, abduction can be an indictable offence. If the abducted person is between 14 and 16, the maximum imprisonment term is five years..
If the abducted child is under the age of 14 or the abduction violates a custody or parenting order, the maximum imprisonment term is up to 10 years.
To be charged for abduction, otherwise known as kidnapping, the court must prove that the suspect intended to deprive a parent or guardian of possession of the child.
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Building Your Defence Case
If you have been charged with forcible confinement, abduction, or kidnapping-related charges, our experienced lawyers can help.
The first step is finding a defence team that will seek ways to get the outcome you deserve. Contact Ross Lutz Barristers today to connect with one of our criminal defence lawyers.Learn More About Us