A kidnapping charge can expose you to years in prison and a felony conviction that can affect your life long after the criminal case ends. Ohio law defines kidnapping broadly, and allegations can arise from circumstances involving family members, domestic disputes, alleged restraint, or other situations that may not resemble the traditional idea of a kidnapping.
If you have been accused of kidnapping in Lancaster or Fairfield County, the prosecution must prove every element of the offense beyond a reasonable doubt. The specific circumstances surrounding the alleged removal or restraint, the purpose behind the conduct, and the evidence available to the state can all affect how the case should be defended.
Andrew H. Stevenson has more than 25 years of experience defending people accused of criminal offenses, including serious violent felonies such as kidnapping. He has extensive training in criminal defense and forensic evidence and works directly with clients to develop a defense strategy based on the facts of the case.
If you are facing a kidnapping investigation or charge, contact the Lancaster office of Andrew H. Stevenson, Attorney at Law, LLC, to discuss your situation.
Ohio Revised Code § 2905.01 makes kidnapping a serious felony offense. Under the statute, a person can be accused of kidnapping for removing another person from where they are found or restraining that person’s liberty by force, threat, or deception. Different rules apply when the alleged victim is under 13 or mentally incompetent.
Importantly, the prosecution must establish more than the fact that someone was moved or restrained. The state must also prove that the alleged conduct was carried out for a specific purpose identified in the statute.
Those purposes include:
That purpose requirement can become a central issue in a kidnapping defense. The state may have evidence showing that people argued that one person moved another, or that someone was prevented from leaving. That does not necessarily establish every element required for a kidnapping conviction.
A careful defense requires examining what happened, what each person intended, what witnesses observed, and whether the state’s evidence establishes each required element.
Ohio law contains several offenses involving the removal or restraint of another person. The distinction between them matters because the potential penalties and elements of the offenses are different. The specific facts alleged, including the purpose of the conduct and the circumstances surrounding the restraint or removal, can affect which charge prosecutors pursue.
Kidnapping in Ohio is generally a first-degree felony. It involves removing another person from where they are found or restraining their liberty through force, threat, or deception, combined with one of the specific purposes required under Ohio law.
Abduction is a separate offense under Ohio Revised Code § 2905.02. It generally involves using force or threat to remove another person or restrain their liberty under circumstances creating a risk of physical harm or placing the person in fear. Abduction does not require the same specific purpose as kidnapping. Depending on the circumstances, it can be charged as a second- or third-degree felony.
Unlawful restraint is addressed under Ohio Revised Code § 2905.03. It involves knowingly restraining another person’s liberty without privilege to do so and is generally a third-degree misdemeanor.
These distinctions can become important during a criminal investigation, plea negotiations, and trial preparation. The facts may not support the most serious charge initially brought by the prosecution. An experienced defense attorney will examine whether the evidence actually establishes the elements of the offense charged.
Kidnapping is generally a first-degree felony in Ohio. A first-degree felony can carry a substantial prison sentence and a fine, making a conviction significantly more serious than a misdemeanor or lower-level felony.
Under Ohio law, kidnapping may be reduced to a second-degree felony when the offender releases the victim in a safe place unharmed, and the circumstances meet the statutory requirements. A second-degree felony still carries serious consequences, including the possibility of a significant prison sentence.
Additional sentencing consequences can apply in cases involving certain specifications. For example, when the victim is under 13, and the offender is convicted of a sexual motivation specification, Ohio law provides for an indefinite prison term that can extend to life imprisonment.
The precise sentencing exposure depends on the charge, the circumstances alleged, the defendant’s criminal history, any specifications, and other factors considered under Ohio’s sentencing laws. Because the potential consequences can be substantial, it is important to understand the specific allegations before deciding how to resolve the case.
Kidnapping cases do not always begin with the type of stranger abduction that people associate with the word “kidnapping.” Allegations can arise from disputes or interactions between people who already know one another.
For example, police may become involved following:
The circumstances surrounding the allegation matter. A police report may describe an incident from one person’s perspective, but that report is not necessarily the complete story.
Witness statements may conflict. Surveillance footage may provide additional context. Text messages, phone records, photographs, social media posts, medical records, and other evidence may change the understanding of what occurred.
For that reason, an effective kidnapping defense should not be based solely on the initial accusation. The evidence needs to be independently examined.
There is no single defense that applies to every kidnapping case. The appropriate strategy depends on the facts, the evidence, the alleged victim, and the specific subsection of Ohio’s kidnapping statute involved.
Some potential defense issues include:
One of the most important aspects of Ohio’s kidnapping statute is the required purpose behind the alleged removal or restraint. The prosecution must establish the purpose required by the specific subsection charged. If the evidence does not establish that purpose beyond a reasonable doubt, the state may have difficulty proving kidnapping.
For many kidnapping allegations, the prosecution must establish that the removal or restraint occurred through force, threat, or deception. The circumstances surrounding the alleged conduct must be examined closely. What happened immediately before the alleged restraint? Did the person voluntarily accompany the accused? Were threats actually made? What do witnesses and physical evidence show? These questions can become important to the defense.
Whether a person voluntarily accompanied someone can be significant depending on the facts and the precise charge. Statements made before, during, and after the incident may help establish what the person understood and whether the alleged restraint actually occurred.
Some kidnapping and abduction allegations arise out of disputes involving children. A parent may believe they have a legal right to take or retain custody of a child, while another parent or law enforcement may view the conduct differently. The existence of a custody order, parenting schedule, court proceeding, or other legal authority can therefore become an important part of the defense.
In some circumstances, a person may have acted to remove someone from what they reasonably believed was a dangerous situation. Whether a necessity or defense-of-another argument applies depends heavily on the specific facts and applicable law.
Kidnapping allegations sometimes arise from highly personal disputes. When the accused and alleged victim provide different accounts of what happened, credibility can become a central issue.
A defense attorney may investigate whether a witness has a motive to exaggerate, whether statements changed over time, and whether independent evidence supports or contradicts either account.
The prosecution may rely on eyewitness testimony, police interviews, surveillance footage, digital communications, forensic evidence, or other evidence to establish its case. That evidence should be examined rather than simply accepted. Andrew Stevenson has extensive experience with forensic evidence and works with investigators when necessary to independently investigate the facts of a criminal case.
A kidnapping case can move through several stages before it reaches a final resolution. The process generally begins with an arrest or criminal investigation and may proceed through an arraignment, bond hearing, discovery, pretrial motions, negotiations, and potentially a trial.
The early stages of the case can be particularly important. If police are investigating you but have not yet filed charges, you should be cautious about agreeing to an interview or attempting to explain the situation on your own. Statements made during an investigation can later become evidence in the criminal case.
After charges are filed, your attorney can review the state’s evidence, investigate witnesses and other sources of information, and determine whether motions should be filed to challenge evidence or the prosecution’s case.
Depending on the circumstances, negotiations with the prosecutor may also be appropriate. A resolution may involve a reduction of charges or other negotiated terms. However, accepting a plea is an important decision that should be based on a careful assessment of the evidence and potential consequences. If the case cannot be resolved in a way that protects your interests, the matter may proceed to trial.
Kidnapping allegations require more than simply reviewing the charge written on the indictment. A defense attorney needs to understand the circumstances that led to the allegation and identify what evidence the prosecution can actually use to prove its case.
Investigation is also an important part of his approach. Rather than relying solely on the evidence collected by law enforcement, he works with private investigators when appropriate to identify witnesses, examine evidence, and develop an independent understanding of what occurred.
Depending on the circumstances of the case, that may involve:
The goal is not to assume what happened based on the accusation. It is to determine what the evidence actually establishes and build the strongest defense available under the circumstances.
Andrew H. Stevenson has more than 25 years of criminal defense experience and focuses his practice on defending people accused of criminal offenses. His background includes advanced training in criminal defense and trial advocacy, as well as extensive knowledge of forensic science.
He also holds a Ph.D. in sociology/criminology and has extensive knowledge of forensic evidence. He is a graduate of the National Criminal Defense College and has received advanced training in criminal defense and trial advocacy. He has also been certified by the Ohio Supreme Court as Lead Trial Counsel in death penalty cases.
When you hire Andrew Stevenson, you work directly with him rather than being assigned to an associate. His Lancaster office represents individuals facing criminal charges in Lancaster and throughout the surrounding region.
Yes. Kidnapping is generally charged as a first-degree felony in Ohio, although the charge may be reduced to a second-degree felony when specific statutory requirements are met. The potential sentence depends on the circumstances of the case, including the alleged victim’s age and whether additional specifications apply.
Kidnapping and abduction are separate offenses under Ohio law, with different elements and potential penalties. Kidnapping generally requires proof of a specific purpose listed in the statute, while abduction involves removing or restraining another person under circumstances involving force or threat and a risk of physical harm or fear.
A parent can potentially face criminal charges when conduct involving a child violates Ohio law, even when the parent believes they have a right to have the child. Custody orders, parenting schedules, the circumstances surrounding the child’s removal, and other legal rights can all be relevant to determining whether criminal charges are appropriate.
In some cases, a kidnapping charge may be reduced through negotiations with the prosecution or based on weaknesses in the state’s evidence. Whether a reduction is possible depends on the specific facts, the evidence supporting each element of the charge, the defendant’s criminal history, and other circumstances.
Do not attempt to explain the situation to police, the alleged victim, or other witnesses without first speaking with a criminal defense attorney. Statements made during an investigation can become evidence, so it is important to understand your rights and have an attorney review the allegations and available evidence.
A kidnapping case may be dismissed when the prosecution cannot establish the required elements, when critical evidence is excluded, or when other legal or factual issues prevent the state from proceeding. An attorney can investigate the allegations, review the evidence, and determine whether motions or other strategies could support dismissal.
A Lancaster kidnapping attorney can investigate the circumstances surrounding the allegation, examine witness statements and physical or digital evidence, and determine whether the prosecution can prove every element of the offense. Depending on the case, an attorney may challenge evidence, negotiate with prosecutors, or prepare the case for trial.
A kidnapping accusation can affect your freedom, your reputation, your family, your employment, and your future. The decisions you make during the investigation and early stages of a criminal case can have consequences that are difficult to undo.
If you are facing a kidnapping charge in Lancaster, have been accused of abduction or unlawful restraint, or have been contacted by law enforcement about an alleged kidnapping, speak with a criminal defense attorney before attempting to resolve the matter yourself.
Contact Andrew H. Stevenson, Attorney at Law, LLC, at (740) 654-4998 to schedule a confidential consultation at the Lancaster office.
