KIDNAPPING CHARGES?

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.

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 Wyman & Williamson 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

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.

Abduction Charges

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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