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Criminal Defense
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Personal Injury
Raleigh Kidnapping Defense Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Kidnapping is a Class C felony in North Carolina with mandatory prison time, especially when combined with other charges like assault or sexual offenses. Work with a Raleigh criminal defense attorney who understands how to challenge intent, consent, and the prosecution’s version of events. Schedule your consultation today.
When you’re charged with kidnapping, every move you make counts. A single statement, a rushed decision, or an inexperienced lawyer can cost you your freedom. At DeMent Askew Johnson & Marshall, we bring decades of trial experience and a relentless defense strategy to protect what matters most: your future.
We know what’s at stake—and we know how to fight back when everything is on the line. Contact us today for a consultation. Your defense starts here.
Under N.C.G.S. § 14-39, kidnapping occurs when someone unlawfully confines, restrains, or removes another person from one place to another. For adults 16 or older, it’s without their consent. For children under 16, it’s without consent from their parent or legal guardian.
But here’s what makes these charges so dangerous: the definition is broader than most people realize. Prosecutors can charge kidnapping when the alleged confinement or restraint was for:
The keyword here is “unlawfully.” Even brief restraint during another crime—like holding someone during a robbery—can escalate charges to kidnapping. What might seem like a momentary bad decision becomes a potential life sentence.
North Carolina separates kidnapping into two degrees, and the difference could mean decades of your life:
These aren’t just numbers—they’re years of your life. Years away from your family. Years your children grow up without you. Years your career and reputation crumble.
One of the most heartbreaking situations we see involves parents charged with kidnapping their own children. Taking your child in violation of a custody order can result in a charge of child abduction under N.C.G.S. § 14-41.
Common scenarios include:
What starts as a parental instinct to protect your child can spiral into criminal charges. Child abduction is a Class F felony carrying 10 to 41 months in prison. Beyond the criminal penalties, these charges devastate your custody case and can result in losing access to your children entirely.
Every kidnapping case is different, but effective defenses exist. At DeMent Askew Johnson & Marshall, we examine every angle:
Did the alleged victim actually consent to go with you? For adults, proving consent can defeat the charges entirely. We investigate text messages, witness statements, and relationship history that prosecutors might ignore.
Parents have rights. If you had legal custody or a good-faith belief you were acting within your rights, we can challenge the prosecution’s case. Custody orders aren’t always clear, and misunderstandings shouldn’t result in felony convictions.
Kidnapping requires specific criminal purposes listed in the statute. If the restraint was incidental to another act or lacked the required intent, the kidnapping charge may not stand.
The difference between first and second-degree kidnapping often hinges on whether the victim was released safely. We scrutinize what “safe place” means and challenge prosecutors who overcharge cases.
Prosecutors often exaggerate injuries to elevate charges. We use medical records and expert testimony to show injuries don’t meet the legal threshold for first-degree kidnapping.
When facing kidnapping charges, you need more than just any attorney. You need a defense team that understands both the law and the local court system. Our attorneys bring:
We don’t just process cases—we fight for people. Your freedom, your family, and your future deserve nothing less than our absolute best effort.
A kidnapping charge feels overwhelming because it is overwhelming. The stakes couldn’t be higher—decades in prison, a permanent felony record, destroyed relationships, and a future forever altered.
But you don’t have to face this alone. At DeMent Askew Johnson & Marshall, we’ve guided countless clients through the darkest moments of their lives. We know the fear you’re feeling, and we know how to channel that fear into a powerful defense.
Don’t wait for the system to decide your fate. Call us now for a confidential consultation. Let’s start building your defense today—because your freedom can’t wait until tomorrow.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
Yes. Prosecutors often overcharge cases, and skilled defense attorneys can negotiate reductions or identify weaknesses that lead to dismissals. We’ve successfully reduced first-degree charges to second-degree, negotiated kidnapping charges down to lesser offenses, and secured complete dismissals when evidence didn’t support the charges.
Kidnapping basically involves three stages – acquisition, transportation, and control. Acquisition is when the victim is initially taken or seized. Transportation involves moving the victim from one place to another. Control is maintaining dominance over the victim through restraint, threats, or confinement.
In North Carolina, the prosecutor—not the victim—decides whether to pursue charges. However, an uncooperative victim can significantly weaken the state’s case. We work with reluctant witnesses and use their hesitation to push for reduced charges or dismissals.
Kidnapping often accompanies other charges like robbery, assault, or sexual offenses. Multiple charges mean prosecutors can use a conviction on one charge as leverage for others. We develop comprehensive strategies that address all charges together, preventing prosecutors from stacking convictions.
Not necessarily. While kidnapping carries mandatory minimum sentences, judges have discretion within sentencing ranges. Factors like criminal history, the specific circumstances, and the quality of legal representation all impact sentencing. Even with convictions, we fight for minimum sentences and alternative arrangements.
Contact us immediately. The investigation phase is critical—decisions made before charges are filed can determine the entire case outcome. We can intervene early, potentially preventing charges or limiting their scope. Never speak to investigators without an attorney present.
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