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Baldani Law Group

Lexington & Central Kentucky Criminal Defense Attorneys

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  • Home
  • About Our Firm
    • Attorneys
      • Russ Baldani
      • Brandi Lewis
      • Tucker Richardson
      • Mike Rowland
      • Rachel Yavelak
      • Daniel Crall
    • Areas We Serve
      • Carlisle
      • Danville
      • Frankfort
      • Georgetown
      • Harrodsburg
      • Lawrenceburg
      • Lexington
      • Morehead
      • Mt. Vernon
      • Nicholasville
      • Paris
      • Richmond
      • Versailles
      • Williamstown
      • Winchester
    • Baldani Law Group Scholarship
  • Practice Areas
    • Criminal Defense
      • Appeals
      • Arson
      • Assault
      • Burglary
      • Criminal Trespass
      • Disorderly Conduct
      • Domestic Violence
        • Protective Order Violations
      • DUI
      • Drug Offenses
        • Marijuana Crimes
      • Expungements
      • Flagrant Non Support
      • Kidnapping
      • Misdemeanor
      • Probation Revocation
      • Professional License Defense
      • Sex Offenses
        • Possession of Child Pornography
      • Student Conduct & Discipline Hearings
        • Title IX Defense
      • Theft
        • Robbery
        • Shoplifting
        • Theft By Deception
      • Traffic Law
        • Reckless Driving
      • Federal Crimes
      • Murder
        • Manslaughter
          • Reckless Homicide
      • White Collar Crimes
    • Family Law
    • Personal Injury
  • Case Results
  • Reviews
  • Blog
  • Resources
    • Divorce FAQs
    • Fayette County Substance Abuse Resources
    • Kentucky Gun Law Guide
    • Automated Void & Seal Tool For Kentucky Possession of Marijuana Charges
    • Suppression Series
    • Understanding Kentucky Bond and Pretrial Release
    • UK Students Guide to Drinking, Drugs and the Police
  • Contact Us

Lexington Kidnapping Attorneys

Under Kentucky law, there are several individual crimes recognized that most people would probably group under the more general concept of kidnapping. These crimes are defined in detail under Kentucky Revised Statutes Chapter 509. The charges associated with them range from Class A misdemeanors up to Class A felonies and, in some circumstances, can even become a capital offense (punishable by life in prison or the death penalty). Most forms of kidnapping charges are at least a class D felony.

A conviction for any type of kidnapping charge can have serious and long-lasting consequences. If you’ve been accused of committing any type of kidnapping-related offense, it is absolutely crucial that you speak with an experienced Kentucky criminal defense attorney as soon as possible. Any delay in doing so could be detrimental to your case and your chances of a positive outcome.

Kentucky Revised Statutes Chapter 509 defines the following crimes related to kidnapping:

  • Unlawful imprisonment in the first degree
  • Unlawful imprisonment in the second degree
  • Kidnapping
  • Custodial interference

Following are their exact definitions:

KRS § 509.040 Unlawful Imprisonment In The First Degree

The law states that a person is guilty of the crime of unlawful imprisonment in the first degree when they knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of serious physical injury.

A conviction on this charge will be punished as a Class D felony.

KRS § 509.030 Unlawful Imprisonment In The Second Degree

Under Kentucky law, someone is guilty of unlawful imprisonment in the second degree when they knowingly and unlawfully restrains another person but there is no risk of serious physical injury.

A conviction on this charge is punishable as a Class A misdemeanor.

KRS § 509.040 Kidnapping

The charge of kidnapping is the longest and most detailed section of chapter 509. It includes exact definitions of the crime under Kentucky law as well as the various possible penalties that can be imposed under different circumstances. Depending on the exact situation, kidnapping can be charged as a Class B felony, a Class A felony, or a capital offense.

  • A person is guilty of kidnapping when he unlawfully restrains another person and when his intent is:
    • To hold him for ransom or reward; or
    • To accomplish or to advance the commission of a felony; or
    • To inflict bodily injury or to terrorize the victim or another; or
    • To interfere with the performance of a governmental or political function; or
    • To use him as a shield or hostage; or
    • To deprive the parents or guardian of the custody of a minor, when the person taking the minor is not a person exercising custodial control or supervision of the minor as the term “person exercising custodial control or supervision” is defined in KRS § 600.020.
  • Kidnapping is a Class B felony when the victim is released alive and in a safe place prior to trial, except as provided in this section.
  • Kidnapping is a Class A felony when the victim is released alive but the victim has suffered serious physical injury
    • During the kidnapping; or
    • As a result of not being released in a safe place; or
    • As a result of being released in any circumstances which are intended, known or should have been known to cause or lead to serious physical injury.
  • Kidnapping is a capital offense when the victim is not released alive or when the victim is released alive but subsequently dies as a result of:
    • Serious physical injuries suffered during the kidnapping; or
    • Not being released in a safe place; or
    • Being released in any circumstances which are intended, known or should have been known to cause or lead to the victim’s death.

KRS § 509.070 Custodial Interference

A person is guilty of custodial interference when, knowing that they have no legal right

to do so, they take, entice or keep from lawful custody any mentally disabled or

other person entrusted by authority of law to the custody of another person or to an

institution.

Custodial interference is punishable as a Class D felony. It is, however, possible that this type of charge may be reduced or dropped if the person taken from custody is returned by the defendant before they are arrested or an arrest warrant is issued.

Possible Penalties For Kidnapping In Kentucky

Punishment for any crime can vary depending on circumstances, attorney negotiations, judges, etc. There are, however, some general guidelines for the usual sentences imposed for the various classifications of crimes that exist under Kentucky law. They can be found under KRS § 532.020 and 532.030. Following are some of the possible penalties for the types of crimes mentioned above.

  • Class A Misdemeanor – 90 days to 12 months in prison
  • Class D Felony – 1 to 5 years in prison
  • Class C Felony – 5 to 10 years in prison
  • Class B Felony – 10 to 20 years in prison
  • Class A Felony – 20 to 50 years or life in prison
  • Capital Offenses –
    • Death
    • Life in prison
    • Life in prison with no possibility for parole
    • 20 to 50 years in prison

Contact An Experienced Kentucky Criminal Defense Lawyer

At Baldani Law Group, our team has over 100 years of combined experience. We have the knowledge, the drive, and the dedication to get the best possible results for your Kentucky criminal case.

If you’ve been accused of kidnapping or any other criminal offense in the state of Kentucky, speaking with a competent criminal defense attorney and getting to work on planning your defense as quickly as possible is critical for achieving good results.

Contact us online anytime or call (866) 906-2629 to schedule a free consultation. We’ll go over the details of your case and discuss exactly what we can do to help you.

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Client Testimonials

I Couldn’t Ask For A Better Lawyer

Tucker is good at what he does and it shows. I couldn’t ask for a better lawyer. He treated me more like a friend than just another client. Money well spent. I would recommend him to anyone in search of a criminal defense lawyer. I asked around who was the best lawyer in town, I was told Baldani Law Group…

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Did Not Give Up

Tucker Richardson worked really hard for me and did not give up during the arraignment for my second Alcohol Intoxication charge to prove there was no probable cause for my arrest. His effort and persistence ultimately led to the judge not wanting to send my case to trial and the charge of AI against me was dismissed…

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HIGHLY Recommend

Too bad you can only give five stars!! Frankly, I’ve had to use the services of Tucker and Brandi more often than I want, but what a super job they did. They are professional, but they don’t lose that personal connection. I would HIGHLY recommend them to anyone, anytime. Love you guys!!!!

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Amazing

Brandi Lewis is amazing!!! Great communication, clear expectations, efficient and effective. We honestly could not ask for more from her!!! This entire team is a very reputable office that should be used with any legal needs. Thanks for everything!!!

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THIS IS THE FIRM YOU MUST CHOOSE!

If you are here reading reviews in hopes of finding a law firm that can help you and get you the best results possible, THIS IS THE FIRM YOU MUST CHOOSE! We hired Tucker a couple months back, the state was trying to void my probation an my future at freedom was at great risk.

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I would highly recommend Whitney Rowe!

I would highly recommend Whitney Rowe! She was very easy to work with, communicated very clearly and had a sense of calm that was relieving as a client. She was up front with all the possible outcomes of the case and didn’t leave me with any false hope.

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BALDANI LAW GROUP
300 W Short Street, Lexington, KY 40507

(859) 259-0727 (Phone)

(859) 787-0259 (Fax)

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PROVEN RESULTS

Established in 1988, the Baldani Law Group has successfully represented thousands of individuals across the Commonwealth of Kentucky. With over 100 years of combined experience, let our team of attorneys fight for your rights.

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