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My brother was just arrested for 2nd degree kidnapping his

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wife. (he just didnt want...
my brother was just arrested for 2nd degree kidnapping his wife. (he just didnt want her to leave with the kids). is she able to drop the charges so he can get out of jail? they are trying to hold him for a month until his court date.
Submitted: 9 years ago.Category: Criminal Law
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10/7/2008
Criminal Lawyer: Samuel II, Attorney at Law replied 9 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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hi

she really is not able to make that call. what she would need to do is go into the prosecutor's office and sit and talk with them and the victim witness coordinator and explain what happened and ask that the charge be dismissed. of course, the prosecutor is the only one who can make that call - and if she says she does not want to testify, that is something they will consider and weigh it against any evidence they have without her testimony and they can have her subpoenaed and treat her as a hostile witness

talking with the prosecutor is her only option.

and good lord, you cannot "persuade" her. that would be witness tampering. this is something she needs to do on her own

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Customer reply replied 9 years ago
what are the penalties of this crime (jail time, fines etc.), and since this is not an actual "kidnapping" is it considered a felony?
Customer reply replied 9 years ago
did i lose you?
Criminal Lawyer: Samuel II, Attorney at Law replied 9 years ago

hi

no. i am here - this is a part time job and sometimes experts need to leave the computer. here are your answers

first the law as it is written, which shows that kidnapping 2 is a Class E felony

§ 14-39. Kidnapping.

(a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:

(1) Holding such other person for a ransom or as a hostage or using such other person as a shield; or

(2) Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or

(3) Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or

(4) Holding such other person in involuntary servitude in violation of G.S. 14-43.12.

(5) Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S. 14-43.11.

(6) Subjecting or maintaining such other person for sexual servitude in violation of G.S. 14-43.13.

(b) There shall be two degrees of kidnapping as defined by subsection (a). If the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree and is punishable as a Class C felony. If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree and is punishable as a Class E felony.

(c) Any firm or corporation convicted of kidnapping shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), and its charter and right to do business in the State of North Carolina shall be forfeited. (1933, c. 542; 1975, c. 843, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 746, s. 2; 1993, c. 539, s. 1143; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 509, s. 8; 2006-247, s. 20(c).)

next - maybe it can be pled down to the 14-43.3 and seek a suspended sentence and probation

§ 14-43.3. Felonious restraint.

A person commits the offense of felonious restraint if he unlawfully restrains another person without that person's consent, or the consent of the person's parent or legal custodian if the person is less than 16 years old, and moves the person from the place of the initial restraint by transporting him in a motor vehicle or other conveyance. Violation of this section is a Class F felony. Felonious restraint is considered a lesser included offense of kidnapping. (1985, c. 545, s. 1; 1993, c. 539, s. 1147; 1994, Ex. Sess., c. 24, s. 14(c).)

the penalties are as follows

(f) Unless otherwise specified by statute, presumptive prison terms for felonies classified under Chapter 14 and any other specific penalty statutes are as follows:
(1) For a Class C felony, imprisonment for 15 years.
(2) For a Class D felony, imprisonment for 12 years.
(3) For a Class E felony, imprisonment for 9 years.
(4) For a Class F felony, imprisonment for 6 years.
(5) For a Class G felony, imprisonment for 4 1/2 years.
(6) For a Class H felony, imprisonment for 3 years.
(7) For a Class I felony, imprisonment for 2 years.
(8) For a Class J felony, imprisonment for 1 year

Samuel II
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Category: Criminal Law
Satisfied Customers: 27,011
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