Kidnapping Defense in Bristol County

How Massachusetts Law Defines Kidnapping

Massachusetts General Laws Chapter 265, Section 26, commonly cited as G.L. c. 265 § 26, addresses the unlawful forcible or secret confinement or imprisonment of a person against that person’s will. It also covers carrying or sending a person out of Massachusetts and other conduct defined as kidnapping.

An allegation doesn’t necessarily require transporting the alleged victim from one place to another. Confinement alone may form the basis of a charge. Massachusetts courts interpret confinement broadly enough to include restraint through a display of potential force, even when no physical force is used.

Massachusetts model jury instructions also recognize a theory involving trickery or deceit used to seize or confine someone. The prosecution must still prove the applicable statutory elements beyond a reasonable doubt, and the specific theory shapes how we evaluate the evidence.

Relative-Child Kidnapping Allegations

Section 26A separately addresses taking or holding a child under 18 by a relative. It can apply to allegations that a relative took or enticed a child away from a lawful custodian.

Custody disputes require careful attention to the relationship, governing custody circumstances, and alleged conduct. Each charge must be evaluated under its own statutory elements rather than treated as established by the accusation alone.

Potential Penalties Under Massachusetts Kidnapping Statutes

Sentencing exposure depends on the statutory provision charged and the facts alleged. A conviction under Section 26 involving an intent to extort money or another valuable thing can carry life imprisonment or any term of years in state prison.

Enhanced provisions may apply to allegations involving:

• A firearm: Kidnapping while armed with a firearm carries a minimum 10-year sentence in state prison or up to two and one-half years in a house of correction.
• Armed extortion: Armed kidnapping with intent to extort carries a minimum 20-year state-prison sentence and may carry life imprisonment.
• Serious injury or sexual assault: Armed kidnapping involving serious bodily injury or sexual assault carries a minimum 25-year term of incarceration.

The firearm and dangerous-weapon provisions include statutory exceptions for certain parental custody circumstances. Penalties for relative-child kidnapping increase when the child is taken or held outside Massachusetts or exposed to a safety risk.

Evidence & Intent in a Kidnapping Case

A kidnapping defense requires close analysis of whether the prosecution can prove unlawful confinement or movement and the required intent. Consent may also be material, depending on the circumstances surrounding the alleged restraint.

We examine identification evidence, witness accounts, digital evidence, and the lawfulness of investigative methods. Conflicting accounts or domestic circumstances don’t remove the prosecution’s obligation to prove each required element with admissible evidence.

Attorney Frank D. Camera’s litigation background includes felony and misdemeanor charges in state and federal courts. As relentless trial attorneys, we examine the prosecution’s theory and prepare to challenge disputed evidence in court.