Kidnapping is a Class A felony offense punishable by up to two decades in prison. When you hire a lawyer who understands kidnapping charges, you have someone to investigate the alleged incident and gather evidence on your behalf. Attorney Michael Fayard listens to your story first and then formulates a defensive strategy for the best possible outcome.
One of the benefits of hiring a kidnapping defense lawyer is objectivity. You may be hurt, angry, or resentful. But Michael Fayard is clear-headed. He looks at the facts and how the law applies to your case, then explains your best chance for success.
Michael Fayard is a prosecutor-turned-defense lawyer. That works in your favor. He knows how prosecutors think and plan. He uses that insider knowledge to find the weaknesses in the prosecution’s case and to your advantage.
Depending on the facts, he might fight for the prosecutor to drop or reduce the charges. Or he might recommend you pursue a plea deal or an acquittal at trial. Every case is unique, and attorney Fayard can build a defense based on your specific circumstances.
No situation is hopeless. Honolulu criminal defense attorney Fayard has successfully resolved felony charges for many falsely charged clients, caught up in the heat of passion or simply the victim of unfortunate circumstances.
Can you prove that you were somewhere else at the time of the alleged kidnapping? Could your accuser have ulterior motives for filing a complaint against you? These are only a few examples of many possible defenses.
Attorney Fayard looks for evidence that supports your innocence. He might find your accuser has a history of accusations. There may be a witness that knows you didn’t restrain or confine the alleged victim. You may have an alibi.
Another potential defense is that the prosecution simply lacks enough evidence to prove you committed the crime beyond a reasonable doubt. Remember that kidnapping requires you to perform a certain act, like hurt the alleged victim, use them as a hostage, or disrupt the government.
If the prosecutor can’t prove you intended to do any of those things, the charges could be reduced or dropped, or you might win at trial.
A former prosecutor, Hawaii criminal defense lawyer Fayard knows that the state is often willing to make a deal rather than go forward with a trial. You could plead guilty to a lesser charge with a lighter sentence, such as a misdemeanor instead of a felony.
The court will consider if you have a previously clean record with no prior convictions. Attorney Fayard guides you through court appearances and the criminal court process.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
A prosecutor can charge you with kidnapping if they have evidence that you intentionally restrained someone with the intent to:
Notice that the law does not require you to relocate or move someone to be charged with kidnapping. Kidnapping fundamentally is defined as restraining someone and having the intent to harm.
Instead of being charged with kidnapping, you might face a Class C felony or misdemeanor for unlawful imprisonment. This crime would be a felony if you exposed the other person to a risk of serious bodily injury.
Depending on the facts of your case, it might help to fight for the prosecutor to reduce kidnapping charges to misdemeanor unlawful imprisonment in the second degree. If convicted, you face lesser penalties and avoid having a felony conviction on your record.
Time and again, we see individuals accused of domestic violence charged with kidnapping. This crime isn’t what people think it is. You don’t have to snatch someone and take them to a secret location. Restraining someone with the intent to hurt them or make them afraid is enough.
We can represent you against all domestic violence charges, including kidnapping. We understand these accusations often come up because of situations that got out of hand, misunderstandings, and hurt feelings. Criminal defense attorney Fayard helps you with these charges so you may move forward in life.
Attorney Fayard knows how the courts apply Hawaii domestic violence and how to handle temporary restraining orders and alleged violations. He has the knowledge, skills, and determination you deserve to achieve the best possible outcome in your case.
- Cliff T
Kidnapping is a Class A felony in Hawaii. However, you can face a Class B felony if you willingly let the other person go and they hadn’t suffered any serious or substantial injuries.
Felony penalties include:
These are only the statutory penalties. If a jury convicts you or you plead guilty to felony kidnapping, you’ll experience many collateral consequences. You could lose child custody or be forced to see your children only while supervised. You may face discrimination when it comes to work, housing, immigration, and federal assistance.
The only way to avoid these consequences is with a strong defense.
Contact Michael Fayard, Criminal Defense Attorney, as soon as possible to get started on your defense. Hawaii has tough kidnapping laws. It is in your best interest to talk to a lawyer who understands these charges. Attorney Fayard prioritizes getting to know you and your specific situation. This is how he builds custom defenses for each of his clients.
Your customized defense begins when you call 808-445-6708easy online form.