Kidnapping Category Archives — Clearwater Criminal Lawyer Blog Published by Florida Defense Lawyer — Hanlon Law

Florida Court Analyzes Kidnapping Crimes in the Context of Other Offenses

Hanlon Law, PA — Thu, 06 Apr 2023 16:10:04 +0000

It is not uncommon for people to be charged with multiple crimes stemming from a singular incident. While the State can lawfully bring such charges, the prosecution must nonetheless prove the discrete elements of each offense in order to obtain guilty verdicts. If the prosecution fails to meet this burden, it should not be able to obtain a valid conviction. Recently, a Florida court discussed what the State must show to establish guilt for kidnapping charges arising out of an armed robbery in a case in which it ultimately denied the defendant’s appeal. If you are accused of a violent offense, it is in your best interest to speak to a Clearwater kidnapping defense lawyer about your possible defenses.

History of the Case

It is reported that the defendant was charged with numerous crimes, including armed robbery and kidnapping. He was found guilty and sentenced to live in prison as a repeat offender on the robbery and kidnapping charges. He did not contest his sentence or armed robbery conviction and, therefore, would spend life in prison regardless of the outcome of any appeal. He appealed regardless, arguing that his kidnapping conviction did not pass the Faison test and, therefore, should be vacated.

Proving Guilt for Kidnapping in the Context of Other Offenses

The court denied the defendant’s appeal and affirmed his conviction. In doing so, it explained that in Faison v. State, the Florida Supreme Court established a test for determining if there was sufficient evidence to convict a defendant for kidnapping, in addition to a primary offense, if the confinement or taking in question was allegedly done to assist the primary offense.

Under the Faison test, the State must show that the defendant confined or moved the victim in a way that was not incidental to the primary offense or slight or inconsequential, was not of the kind that inherently happens due to the nature of the primary offense, and has some significance, independent of the primary offense.

In the subject case, the court found that while there were some similarities between the cases the defendant cited and his case, he failed to produce evidence sufficient to show that the trial court erred in allowing him to be convicted on the kidnapping charges, absent any objection. As there was no error in the defendant’s kidnapping convictions, the court found that the defendant failed to show that the trial court fundamentally erred in failing to acquit him of the kidnapping charges. Thus, it denied his appeal.

Talk to a Trusted Clearwater Attorney

Kidnapping is a serious charge that carries substantial penalties, but the State is often unable to produce the evidence needed to show that a person charged with kidnapping should be found guilty. If you are accused of kidnapping or another crime, it is wise to talk to an attorney as soon as possible. The trusted Clearwater kidnapping defense attorneys of Hanlon Law can advise you of your rights and help you to seek the best outcome possible under the facts of your case. You can reach Hanlon Law via the online form or by calling 727-897-5413 to set up a conference.

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Florida Court Discusses Evidence Needed to Prove Kidnapping

Hanlon Law, PA — Fri, 05 Mar 2021 00:27:16 +0000

In many instances in which a person is accused of committing a crime, he or she will face additional charges due to acts that allegedly occurred during the commission of the crime. For example, it is not uncommon for a person charged with robbery to face kidnapping charges as well. The State must prove specific elements to demonstrate that a kidnapping facilitated the commission of a crime, and the failure to do so should result in a dismissal. The confinement necessary to support a conviction for a kidnapping that allegedly aided a defendant in committing another felony was the topic of a recent Florida opinion, in a case in which the defendant’s conviction was ultimately overturned. If you are accused of kidnapping, it is in your best interest to speak to a trusted Clearwater criminal defense lawyer about your rights.

The Alleged Crime

Allegedly, the defendant took part in the robbery of an auto parts store. He was charged with multiple offenses, including robbery and kidnapping the store manager and employees by imprisoning them against their will with the intent to commit or aid the underlying robbery. He was convicted, after which he appealed, arguing that the evidence was insufficient to establish that he violated the applicable kidnapping statute. The court ultimately agreed with the defendant regarding one of his kidnapping convictions and remanded the matter for the entry of conviction for the lesser included offense of false imprisonment.

The Faison Test

Many years ago, the Florida courts expressed a concern that the terms of the State kidnapping statute would result in any criminal act that naturally involved the confinement of another person, like robbery, also being charged as a kidnapping. Thus, the Florida Supreme Court developed a three-part test, known as the Faison test, for evaluating whether confinement that happens during the commission of a different felony is adequate to constitute a separate kidnapping offense.

Under the Faison test, to support a kidnapping charge, a confinement during the commission of another felony must not be inconsequential, slight, or merely incidental to the other crime, cannot be of the type that is inherent in the nature of the other crime, and has to have some significance irrespective of the other offense, in that it makes it substantially easier to commit or greatly lessens the risk of detection.

In the subject case, the defendant argued that the State’s evidence failed to meet the second and third prong of the test. Specifically, he argued that the movement and confinement of the alleged kidnapping victims were incidental to the robberies and ceased when the robbery ended. The court ultimately agreed and reversed his conviction.

Speak to a Seasoned Clearwater Defense Attorney

A conviction for kidnapping comes with significant penalties, and it is critical for anyone charged with a kidnapping offense to speak to an attorney as soon as possible. William Hanlon of Hanlon Law is a seasoned Clearwater kidnapping defense attorney who can advise you of your potential defenses and help you to seek the best outcome possible under the facts of your case. You can reach Mr. Hanlon through the online form or by calling 727-897-5413 to set up a conference.

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