Kidnapping in PA is a serious felony offense. It just sounds nasty on your criminal record. A conviction for the crime is like a diamond, it lasts forever. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. When people ask “Who is the best Kidnapping attorney near me?” The people have spoken, it’s The McShane Firm
Professional, Reliable, and Trustworthy
I reached out to a few different firms after receiving my court details in the mail, but I quickly realized that the McShane firm felt the most consistent and genuinely interested in my case. They’re very passionate about getting you the best results, and communication with attorney Corey Fahnestock was quick and easy. Both attorney Corey Fahnestock and Cassandra Frantz were very helpful and informative as they were consistently updating me whenever a delay or change in terms would occur. Worth every dollar! I highly recommend Corey Fahnestock for anyone serious about seeking true justice!
Anonymous
Saved my Life
Tim was able to do what seemed to be impossible! My case was dismissed at trial and I was able to go back to my life. Don’t hesitate to retain Tim as your attorney, he is worth every penny. I couldn’t be any happier with my experience.
Anonymous
My attorney Timothy Barrouk did a wonderful job by getting my charges dismissed. He was helpful the whole time and I could call him whenever I had any sort of questions.
A.G.
Justin McShane and his firm are the best in the nation. They handle and win the toughest cases on a regular basis. Justin and his wife are not only trial lawyers but they are also scientist. When a lawyer can combine this type of knowledge, tenacity and trial skills…it’s a work of art. If they will take your case, you are very lucky. When you can’t afford to lost, you call the McShane firm.
M.T.
I cannot thank them enough for the outcome of my case. Attorney Tim Barrouk was dealing with a client who was on edge, never been arrested, and didn’t trust him 100% in the beginning, but he came recommended so he was my lawyer. I remember offering to hire a second attorney to help and he reassured me he had it under control. After a while it appeared I made a great choice. He knew the pros & cons of every judge my case was assigned to, he knew when to talk and when to listen in court, he didn’t let me take a bad deal, never pressured me, and responded to every text or call I ever placed to him. Cathi Lee kept me updated on where to be and when to be there. and was always available also. I was facing an Aggravated Assault charge causing serious bodily injury, simple assault, unlawful restraint, and 4 other misdemeanor charges and facing up to 10+ years in state prison. I never denied what I did and there was even video of me doing it. At the end of the day, All my charges were dropped and replaced with one summary offense of disorderly conduct and I was sentenced to pay a $25 fine plus court costs. Tim was always honest, and even told me flat out, these charges fit what you did but your case is triable and we’re gonna work for the best outcome. There were no promises or bs, just facts and business. Thank you Tim and the rest of The McShane Firm for getting me justice and not letting me get lost in the system.
D.W.
The Law
You can read the exact law here: Kidnapping 18 P.S. § 2901
What the government needs to prove:
Kidnapping is a very simple statute, but the devil is in the details. As we will see.
Remember at all times, if the government has charged you with any crime including REAP, you are innocent in the eyes of the law. Before you start the eternal you are Not Guilty. You remain that way unless the government can present a mountain of evidence proving your guilty beyond a reasonable doubt.
Kidnapping-General
In order to convict you the government must prove the following:
- the accused
- unlawfully removed another
- a substantial distance under the circumstances from the place where he is found, or
- if he unlawfully confined another
- for a substantial period in a place of isolation, with any of the following intentions to:
- hold for ransom or reward, or as a shield or hostage.
- facilitate commission of any felony or flight thereafter.
- inflict bodily injury on or to terrorize the victim or another.
- interfere with the performance by public officials of any governmental or political function.
Kidnapping of a Minor
In order to convict you the government must prove the following:
- the accused
- unlawfully removed
- a person under 18 years of age
- a substantial distance under the circumstances from the place where he is found, or
- if he unlawfully confined a person
- under 18 years of age
- for a substantial period in a place of isolation, with any of the following intentions to:
- hold for ransom or reward, or as a shield or hostage.
- facilitate commission of any felony or flight thereafter.
- inflict bodily injury on or to terrorize the victim or another.
- interfere with the performance by public officials of any governmental or political function.
What does “substantial distance” mean for kidnapping?
The appellate decisions have basically reduced this requirement to very little movement.
What does “removal or confinement” for kidnapping in PA?
The law itself reads:
A removal or confinement is unlawful within the meaning of subsection (a) if it is accomplished by force, threat or deception, or, in the case of an incapacitated person, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare…or, in the case of a person under 14 years of age, if it is accomplished without consent of a parent, guardian or other person responsible for general supervision of his welfare.
Maximum Penalties
If you are convicted or found guilty of Kidnapping, it is a felony of the first degree. Beyond the instant concerns you likely have about jail, probation, fines and costs, you need to be aware of Felony Conviction Consequences in Pennsylvania.
The maximum penalty for all felonies of the first degree in Pennsylvania is a period of jail not to exceed twenty years. The maximum fine is not to exceed $25,000.00
Megan’s Law and Sexually Violent Predator for Kidnapping
Kidnapping-General does not trigger Megan’s Law and therefore does not subject you to Sexually Violent Predator designation or consequences.
If you are convicted of Kidnapping of a Minor, it is a Tier One Megan’s Law offense. That means you undergo a lifetime registration. It also triggers the possibility of being designated as a Sexually Violent Predator. If you are found to be a SVP, it means a lifetime of Megan’s Law registration, monthly counseling, and neighborhood notification for life.
