Nevada’s criminal code is found within Title 15 of the state’s law. Title 15 defines different types of crimes and establishes the rules for what a prosecutor must prove, what defenses can be raised, and what penalties can be imposed upon convicted defendants.
Title 15 is divided into different chapters, with Chapter 200 containing the statutes related to crimes against persons. The offenses found with Chapter 200 are considered to be some of the most serious in the state because there are victims who suffer harm when offenses against the person are committed. Because these crimes are serious, consequences are often very harsh for convicted defendants.
Chapter 200 is further divided into different subcategories for different types of crimes that could be committed against persons. There is, for example, a subsection for homicide, for mayhem, and for sexual assault and seduction. There is also a section for kidnapping, which spans Nevada Revised Statutes sections 200.310 through N.R.S. 200.359.
Kidnapping has a specific legal definition, and prosecutors must prove every element of the crime in order for a defendant to be convicted of kidnapping. There are also different degrees of kidnapping and penalties can vary greatly depending upon which statute a defendant is charged under and how the defendant’s culpability is viewed under the law.
If you have been accused of kidnapping, it is vital that you know the rules applicable to these serious charges and vital that you make a strategic plan for how best to respond to charges that could change your life. You should contact a Las Vegas criminal lawyer for help as soon as you are under investigation and definitely if you are arrested or charged so you will have an advocate on your side who can help you to respond to charges.
LV Criminal Defense has represented many defendants accused of kidnapping. We can assist you in fighting for an acquittal or negotiating a plea agreement to reduce potential penalties and sometimes have charges reduced. Give us a call today to find out about the personalized help that we can provide with your case.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
The section in Chapter 200 on kidnapping provides information on different degrees of kidnapping offenses, including kidnapping in the first degree and kidnapping in the second degree. According to the relevant statutes:
• N.R.S. 200.310 defines first degree kidnapping as willfully seizing another person, confining another person, abducting another person, tricking another person into coming with them, or otherwise taking a person by any means for the purposes of holding, detailing, or ransoming that person. Kidnapping for the purposes of sexual assault, for the purposes of inflicting harm or killing the victim, or for the purpose of extracting items from the victim’s family members is also considered to be first degree kidnapping, as is taking a minor away from parents or guardians with the intent to hold the minor to unlawful service or perpetrate an unlawful act upon the minor.
• N.R.S. 200.320 defines kidnapping in the second degree to include taking someone or kidnapping another person without authority of law to imprison the victim or to detain him against his will.
• N.R.S. 200.320 classifies kidnapping in the first degree as a category A felony . Penalties vary depending upon whether the victim suffered substantial bodily harm. If the victim suffered substantial harm, the defendant could be sentence to life without the possibility of parole. If there is no substantial bodily harm, the maximum penalty could be life with the possibility of parole with the defendant becoming eligible for parole after serving a minimum of five years in prison.
• N.R.S. 200.330 classifies kidnapping in the second degree as a category B felony. The minimum prison term is two years and the maximum prison term is 15 years. The defendant could also face an additional penalty of a fine up to $15,000.
The other statutes within the kidnapping section set forth penalties for aiding and abetting a kidnapping; establish a rule that consent is not a defense when there are grounds for kidnapping charges unless the consenting person was over 18 and was not extorted to consent by fraud or duress; and establish a rule regarding when law enforcement officers can take children into protective custody if those children are in danger of being removed from the jurisdiction.
Understanding these different rules is vitally important because they determine what a prosecutor must prove in order for you to be convicted of different types of kidnapping offenses.
First degree kidnapping is obviously much more serious than second degree kidnapping, so understanding both the penalties and the nature of the different charges could help defendants to determine how their legal case will unfold. LV Criminal Defense can provide assistance in fully understanding laws on kidnapping that apply in your particular case so you can make informed decisions about how the prosecution against you will proceed.
Kidnapping charges are far too serious to try to respond to on your own. You need a knowledgable legal professional on your side who has represented defendants facing serious charges and who can help you to develop the right legal strategy to fight for your future.
LV Criminal Defense has provided representation to many defendants accused of crimes that were made illegal in Chapter 200. We know how to help you introduce reasonable doubt or raise affirmative defenses to fight for acquittal and we have also successfully helped many clients to negotiate plea deals that significantly reduced possible penalties. We understand that the outcome of your criminal case will affect the rest of your life and we give every criminal case the attention it deserves.
To find out how our Vegas criminal defense lawyers can assist you in creating a personalized plan to fight the charges that you are facing, give us a call today.