Domestic Violence and Kidnapping Lawyer in Lexington

Experienced Defense for Domestic Violence and Kidnapping Charges in Lexington

In serious Domestic Violence of a High and Aggravated Nature (DVHAN) and 1st degree domestic violence cases, law enforcement may charge a defendant with kidnapping. This is often done to give prosecutors the ability to pursue charges more aggressively. Kidnapping is a major felony with severe consequences. A conviction can result in up to 30 years in prison, and it is considered a violent offense, a "strike," and a no-parole offense. Additionally, a kidnapping conviction requires lifetime registration as a sex offender, unless the judge makes an exception.

Each year, we see cases where domestic violence clients are also charged with kidnapping, even in situations with little or no physical injury. Kidnapping can be added to any domestic violence charge, making the case much more severe. Under South Carolina law (S.C. Code § 16-3-910), kidnapping is defined as unlawfully seizing or confining someone, and it doesn't require the person to be moved or held for a long time. Simply blocking someone's exit during an argument or grabbing them briefly could be considered kidnapping.

If your domestic violence case includes a kidnapping charge, it is crucial to understand the potential severity of the sentence you may face. Even serving a fraction of the possible sentence could result in many years in prison. Our office is dedicated to helping those charged with such serious offenses, seeking to avoid these drastic consequences through a strong defense.

If you’re facing serious domestic violence or kidnapping charges, don’t wait—contact us today at (803) 359-3301 for a consultation.

For cases involving kidnapping, we recommend a thorough defense.

• The police investigation should be followed up by a defense-oriented investigation. Any favorable evidence should be identified, obtained, and preserved.
• If the alleged victim is willing to speak favorably then that statement needs to be obtained as well.
• If the alleged victim is unfavorable, then that statement also needs to be obtained in order to confirm its contents so that the best defense can be planned. Other witnesses should also be interviewed. Police reports don’t always contain all the information that would be helpful for the defense, and police investigations can’t be relied upon by a defense in serious cases.
• When cases involve allegations of mental health or instability, of either the alleged victim or the defendant, the use of a qualified mental health expert to advise and testify on behalf of the defense is usually in order.
• If there is a sexual component, such as where the alleged victim reported a feared sexual assault, then a defense examination can help rule out sex offender tendencies, minimizing the likelihood of a requirement to register as a sex offender.
• Strong consideration must be given to the defendant enrolling in a counseling program. If the allegations are true, or partially true, then counseling will help. If the allegations are false, then counseling is also in order as it indicates the defendant participated in a dysfunctional relationship or with a dysfunctional individual. In any event, voluntary participation in counseling can help give the best chance for a dismissal, favorable reduction, or minimal sentence.

Attorney James Snell has experience in representing clients with the most serious domestic violence cases, including those resulting in a kidnapping charge. He is the author of the book “Challenging CDV”, which discusses specific strategies to help defendants in these types of cases. The first step to obtaining our office’s help is to reach out for a consultation. These cases are urgent, and we recommend reaching out for help as soon as possible.

Lexington Kidnapping Defense Attorney

The information contained herein is designed to be applicable to those charged with Kidnapping in conjunction with Criminal Domestic Violence or DVHAN. For other kidnapping or felony cases you are welcome to visit our criminal defense website.

South Carolina's kidnapping law is contained in S.C. Code § 16-3-910. Kidnapping is a felony punishable by up to thirty years in prison and entrance on the Sex Offender Registry.

In order to be convicted of kidnapping the Solicitor's office must prove the following occurred:

• an abduction, carrying away, confinement or detention
• of a human being
• without legal justification or cause

You can be convicted of kidnapping even when such is just incidental to another crime. Kidnapping charges may accompany DVHAN when allegations similar to the following scenarios are made:

• locking or holding someone in a closet or bedroom
• forcibly taking someone from one house to another location
• making someone remain seated or otherwise stay in one place during an argument
• detaining someone who is having an affair with your partner

Although kidnapping may occur by force it can also be accomplished by restraint (such as locking or blocking a door) or by trick or deceit (called inveigling). There is no requirement that the episode last a certain period of time, even the briefest of detention or holding can qualify as kidnapping under South Carolina law.

Police sometimes charge individuals with kidnapping in addition the CDV as a way of trying to give the prosecutor an advantage when the case goes to Court. This strategy can result in individuals being charged with kidnapping even when the facts of what actually occurred do not meet the legal requirements.

Kidnapping and the Sex Offender Registry

The South Carolina Sex Offender Registry is a public database of individuals convicted of sexual offenses, including those convicted by guilty plea or trial. This list is primarily associated with child molesters and sexual predators, and once someone is added, they must update their information regularly with the County Sheriff's Department or face additional criminal charges. Individuals convicted of kidnapping are automatically placed on the registry, unless the judge specifically rules that the offense was not related to a sexual crime. This is mandatory if the victim is under 18 years old.

While it can be relatively easy to show that a kidnapping wasn’t sexually motivated, such as in cases like a bank robbery where hostages are taken, it's more complicated when the kidnapping charge accompanies a DVHAN case. Since the alleged victim is often a spouse or partner, there may be an existing history of sexual activity, making it more challenging to separate the offense from any potential sexual motivation. In these cases, it’s critical for the defense to address not only the kidnapping charge but also the presumption of sexual intent.

Defenses Against Domestic Violence and Kidnapping Charges

When facing charges for domestic violence (DV) or kidnapping, there are several potential defenses that could be used in your case:

Constitutional Defenses:

• Unlawful Search and Seizure: If evidence used against you was obtained through an illegal search, it could be dismissed in court.
• Violation of Miranda Rights: If law enforcement failed to inform you of your rights during an arrest or interrogation, any statements made could be inadmissible.

Self-Defense and Defense of Others:

• If you were protecting yourself or someone else from imminent harm, this can be used as a defense in DV cases.
• The key here is demonstrating that the threat was real and that your response was reasonable under the circumstances.

Lack of Intent or Misunderstanding of Facts:

• Sometimes, misunderstandings or lack of intent can play a role. For example, if there was no intention to harm, or the event was misinterpreted, this can be a valid defense.

The Impact of Domestic Violence Charges on Custody and Family Court

Domestic violence charges can have significant consequences in family law matters, especially when it comes to child custody and divorce:

Child Custody and Visitation Rights:

• DV charges can lead to a loss of custody or restricted visitation rights, as the court prioritizes the safety of the child.
• Courts may impose supervised visitation or other limitations if they believe the child’s welfare could be at risk.

Consequences for Family Relationships:

• A conviction could damage your relationship with your children, as the court might consider the impact of your behavior on their well-being.

Divorce and Spousal Support:

• DV charges may affect divorce proceedings, potentially influencing spousal support decisions.
• The court could view the accused’s behavior negatively when determining the division of assets or alimony.

The Role of Restraining Orders in DV Cases

Restraining orders are commonly issued in DV cases, but it’s important to understand the nuances:

• Protective Orders vs. Restraining Orders:
  • A protective order is typically issued when there’s a danger of harm, while a restraining order is more general and aims to prevent any contact or communication.
• Consequences of Violating a Protection Order:
  • Violating a protective order can lead to additional charges and penalties, including fines or jail time.
• Impact on Defense Strategy:
  • Restraining orders can influence your defense. If you’re accused of violating one, it can strengthen the prosecution’s case. In some situations, they may even affect your ability to contact or speak to witnesses or family members involved in the case.

FAQ: Domestic Violence and Kidnapping Charges

• Can I be charged with kidnapping if I didn’t physically move someone?
  Yes, under South Carolina law, kidnapping can occur even if the person isn’t physically moved from one location to another. Simply blocking someone’s exit or holding them in a confined space (like a room or a vehicle) can be considered kidnapping if done without their consent.
• What happens if I’m convicted of kidnapping along with domestic violence charges?
  A conviction for both kidnapping and domestic violence can result in severe penalties, including long prison sentences. A kidnapping conviction also places you on the South Carolina Sex Offender Registry unless the judge determines that the crime wasn’t sexually motivated.
• Can the alleged victim’s statement impact my case?
  Yes, the alleged victim’s statement can play a significant role in your case. If the victim is willing to testify in your favor, it can help reduce the severity of the charges. Conversely, if the victim's statement is unfavorable, it’s crucial to address it in your defense strategy.
• Is it possible to avoid a kidnapping charge in a domestic violence case?
  It’s difficult, but not impossible. In some cases, the defense may argue that there was no intent to confine or seize the victim. If the circumstances don’t meet the legal criteria for kidnapping, the charge could be reduced or dismissed. Legal representation is critical to explore all possible defenses.
• What are the long-term consequences of being placed on the Sex Offender Registry?
  Being placed on the Sex Offender Registry can have lifelong consequences. It often leads to public stigma, restrictions on where you can live or work, and requirements to regularly update personal information with the local sheriff’s department. The consequences can significantly impact your future and your ability to reintegrate into society.

Need legal help? Contact us now at (803) 359-3301 to discuss your case with an experienced attorney.