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Cleveland Kidnapping Attorney

Ohio takes kidnapping and abduction charges seriously. And kidnapping convictions carry severe penalties, like prison and a felony on your record. Often, kidnapping cases in Cleveland involve custody disputes or misunderstandings, but you shouldn’t risk your freedom by trying to explain things yourself. Instead, work with an experienced Cleveland criminal defense attorney with a history of successfully resolving kidnapping charges.

Attorney Daniel M. Margolis is a former Cuyahoga County prosecutor with over two decades of legal experience. If you need an experienced kidnapping attorney in Cleveland, he can evaluate your case, explain your options clearly, and protect you by finding the best possible outcome.

Contact The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 24/7 for a free and confidential consultation. We’ll protect your rights, freedom, and future.

Ohio Kidnapping Charges

Kidnapping is defined in the Ohio Revised Code 2905.01 as removing a person age 13 or younger – or a person who is mentally incompetent – “from the place they are found or restraining their liberty by force, threat, restraint, deceive, or hold another in involuntary servitude” for any of the following:

  • Holding for ransom, as a shield, or hostage
  • Facilitating a felony
  • Terrorizing another person or inflicting serious physical harm on someone
  • Engaging in sexual acts against another person’s will
  • Impeding or obstructing government activity
  • Forcing involuntary acts
  • Ohio’s kidnapping law also includes “creating substantial risk or harm” for a victim under 13 or a mentally incompetent person while removing them from the place wherein they’re found or by restraining their liberty.

Kidnapping vs. Abduction in Ohio

Kidnapping and abduction are both serious crimes in Ohio, but they’re actually different charges.

The main difference in an abduction case is that kidnapping involves a child under 13, whereas a person of any age can be abducted. Abduction is specifically defined under ORC 2905.02 as a person knowingly:

  • Removing someone through force, threat, or coercion
  • Imprisoning someone under conditions that create a risk of physical harm or fear of harm
  • Holding someone against their will as an involuntary servant
  • Acting in any of the above ways through sexual motivation

Penalties for Kidnapping in Ohio

In Ohio, kidnapping is a first or second-degree felony, depending on the circumstances. If a kidnapping creates a substantial risk of physical injury or serious harm, it’s a first-degree felony. As a result, you face between three to 11 years in prison and a maximum fine of $20,000, plus a felony on your criminal record.

If no injuries resulted from a kidnapping, it is a second-degree felony with a penalty of between two and eight years in prison and a maximum $15,000 fine.

In some situations aggravating factors can also escalate kidnapping charges, resulting in much longer prison sentences if convicted. For instance, if the kidnapping involved a sexual motivation and the victim is less than thirteen, ORC 2905.01 makes it a first-degree felony with a minimum of between 10 and 15 years, and maximum of life imprisonment.

Abduction Penalties in Ohio

Abduction in Ohio is typically charged as a third-degree felony, punishable between one and five years in prison plus a max fine of $10,000. If the abduction is escalated to a second-degree felony it could result in up to eight years in prison and a $15,000 fine.

What a Kidnapping Defense Lawyer Can Do

Kidnapping and abduction charges can happen in all sorts of situations. Many times, charges follow a difficult custody battle, where one parent believes they have the authority to travel with their child. Other times, you may believe your actions were crucial to ensuring the other person’s safety.

But regardless of the details, kidnapping and abduction charges are not something you should try to handle alone. As an experienced and meticulous defense lawyer, Daniel M. Margolis will approach your case by conducting an exhaustive investigation. If you reasonably believed you had the right to travel with your child, we’ll explain that. If a witness made a mistake about what they saw, we will help set the record straight. From there, we will craft the strongest possible defense strategy. We’ll negotiate with the prosecutors and police to make sure you aren’t being over charged and work to resolve the matter in your favor. If you are accused of kidnapping in Cuyahoga County, let attorney Daniel M. Margolis strive to clear your name.

Attorney Daniel M. Margolis has more than 20 years of experience in criminal defense and can handle every aspect of your case. From preparing your defense to helping you deal with the prosecution; we understand what’s on the line and how to resolve your case in the best possible way.

Call Attorney Margolis Now

There’s no time to waste If you are facing kidnapping or abduction charges in the Cleveland area. To handle things the right way, call The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 for a free and confidential consultation. We will explain the charges and how we can help.

Contact Dan Margolis Today

For more information on how a violent crimes lawyer will handle your case, contact The Law Offices of Daniel M. Margolis, LLC today at (216) 533-9533.

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