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Terri
Terri, Mediator
Category: Legal
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Experience:  Expert Witness
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what is the punishment for 2nd degree kidnapping in nc

Resolved Question:

pleading guilty possibly
Submitted: 6 years ago.
Category: Legal
Expert:  Terri replied 6 years ago.

Hello:

There are several details that will help me provide you with the best possible answer to this question.

1. What is the age of the victim?

2. Are sexual offenses in addition to the kidnapping?

3. Were any weapons used during the kidnapping?

4. What is the age of the defendant? and,

5. Does the defendant have any prior convictions or arrest charges for criminal activities?

Looking forward to your response!

Terri60

Customer: replied 6 years ago.
1.victim-40yrs
2.no sexual offenses
3.weapons-plastic handcuffs (toy)
4.defendants age-42
5.defendants prior convictions- none, & no arrest charges for criminal activities
Expert:  Terri replied 6 years ago.

Thank you and now just a little more information!Smiletitle="Smile" width="18" height="18"/>

A pre-sentence trial has all ready occurred? And, this is when the plea was made for the assault and/or breaking and entering.?

Let me know if this is correct.

And, to make sure that I am reading this as you are suggesting it... The following course of events took place:

1. Your female friend age 40 broke into the residence of a 42 year old defendant, assaulted them and then kidnapped them, using toy cuffs?

If this is correct...Has your friend given you a reason as to how she got into this? Examples: Did she know her victim, why did she break and enter, etc.

Thank You Again

Customer: replied 6 years ago.
The plea was between her lawyer and the DA personally. The defendant is 42 the victim is 40. it is second degree kidnapping because the victim was not handcuffed,or taken off her proporty. The toy handcuffs were found on the defendant and she admitted her intention was to bind the victim in order to beat the victim up. Yes she knew the victim,it is her sister-in-law. She broke the glass pane on the door to the victim's home as to reach in and unlock the door. This incident is the result of years of aggravation verbal aggravation from the victim,but there is no documentation to back that up. No witnesses have been called to attest to this fact. It will be her and her lawyer along with the da before a judge. I believe the defendant had been drinking but I don't think that is in the report either.
Expert:  Terri replied 6 years ago.

Hi Jem:

This should do it. First I need to ask that you please understand that I am not the presiding judge in this case and therefore, can not provide you with a specific number of years that she will be made to serve. What I can provide you with are my thoughts based on personal experience in the court room with many different cases.

I will break this case down for yo to make it easier for you to understand.

Charges:

1. Assault

2. Breaking and entering (This is usually charged out as burglary for burglary means illegal entry into a structure with the intention to commit a crime. Many people think that a burglary means that something has been stolen)

3. Kidnapping

Sentencing:

You state that a plea has been made regarding the Assault and Breaking and Entering. The length or sentence that your friend will receive for these two charges could range from a monetary fine that includes restitution to the victim and probation for 5 years to 5 years time to serve.

The kidnapping charges that you describe tell me that your friend held her victim (restraint) against her will, in her own residence. Depending on the force that she used to carry out this task and her admission to the fact that she handcuffs to assist her in carrying out a crime (assault) could allow her to be sentenced up to 15 years confinement.

In her favor are in bold: Not in her favor are in normal:

1. The fact that she has no previous charges in her record will hold a good amount of weight as the judge calculates the length of her sentence or orders.

I have seen several defendant's be ordered to probation only when it is their first offense.

2. If the assault generated serious harm or injury to the victim this will not be in your friends best interest.

3. If she had the cuffs (doesn't matter if they were a toy) and they were found on her but she didn't use them, this will be in her favor.

4. Breaking a window for the purpose of entering and with the intent to harm is not going ot be in her favor.

Again I hope that this will help you by providing an idea as to the potentials of what could happen. Your friend could be ordered to Substance Abuse Treatment and Probation or be sentenced with up to 15 years. The ultimate decision will be based on the decision of the jury (if she will have one), the judge and all of the tiny details of the actual crime(s).

If this information has been helpful to you then please do ACCEPT by clicking the green button on your screen. Positive feedback is always appreciated. And, if I can ever help you with anything else, feel free to ask. Simply type Terri60 Requested in the subject line of your question or concern.

Stay Calm...All rocky waters do reach a calm.

Peace be with you,

Terri

 

Terri, Mediator
Category: Legal
Satisfied Customers: 877
Experience: Expert Witness
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