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Kidnapping in Arizona (A.R.S §13-1304)

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Kidnapping in Arizona (A.R.S §13-1304)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

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DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 1,000+ Assault/Violent Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Assault/Violent Crime Victories!

Beware of Assault/Violent Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Kidnapping Crimes Attorney and Assault/Violent Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Assault/Violent Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Kidnapping Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Kidnapping cases.

Every Major Felony Kidnapping case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Kidnapping Law Team in Arizona

How do you know who has the best Kidnapping Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Kidnapping in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Kidnapping Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Kidnapping Defense Team, DM Cantor.

David is a highly-skilled KidnappingDefense Lawyer who knows the Kidnapping laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Kidnapping Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Kidnapping overview as to how the DM Cantor Phoenix Kidnapping Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Kidnapping. So whether you have a single Kidnapping charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Kidnapping Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Kidnapping Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Kidnapping charge.

What is Kidnapping in Arizona?

In Arizona, per A.R.S §13-1304 “Kidnapping” occurs when a person knowingly restrains another person with the intent to accomplish certain goals including ransom; shield or hostage; slavery; or to inflict a sexual offense, death, or physical injury to them. Most commonly physical restraint in kidnapping occurs to aid the defendant during the course of the commission of a felony (to keep a person from calling the police).

Watch this short video where David explains Kidnapping in Arizona:

Kidnapping can also occur if the defendant’s intent is to place a person in reasonable apprehension of physical injury to a third person. On rare occasions, you will see kidnapping charged when a defendant interferes with a performance of a governmental or political function, or when a person seizes control over an airplane, train, bus, ship, or other vehicle.

Contact David Michael Cantor if you have been charged with Kidnapping. Our offices are available 24 hours a day call us at 602-307-0808 or click here for our confidential contact form for a Free Initial Consultation.


Possible Punishment for Kidnapping Charges

The punishments for Kidnapping can significantly vary based on the crime, if weapons were involved and if the person charged has any prior conviction. Read below to see the different types of penalties and possible sentences.

  • If the alleged victim is under fifteen (15) years of age, then the first offense range of punishment is ten (10) years minimum in prison, seventeen (17) years presumptive in prison, and twenty-four (24) years maximum in prison.
  • If the defendant has one historical allegeable prior Dangerous Crime Against Children (DCAC), then the range changes to a minimum of twenty-one (21) years, a presumptive twenty-eight (28) years, and a maximum thirty-five (35) years in prison.
  • Two or more historical allegeable prior Dangerous Crimes Against Children is mandatory life in prison.

The sentence for Kidnapping must run consecutively to any other prison time imposed; this means the defendant cannot be serving time on the kidnapping charge and another charge at the same time, it must be an additional prison term. Additionally, this is “day-for-day prison time” (i.e., no early release or time off for good behavior).

Ordinarily, kidnapping is a class two (2) felony which carries different ranges of punishment depending on whether or not there is an injury, and whether or not there is a deadly weapon or dangerous instrument involved.

  • If the kidnapping involved a deadly weapon (such as a gun, knife, club, or a simulated gun) then the range of punishment for a first offense is a minimum of seven (7) years in prison, a presumptive of ten and one half (10.5) years in prison, and a maximum of twenty-one (21) years in prison.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is a minimum fourteen (14) years, a presumptive of fifteen and three quarters (15.75), and a maximum of twenty-eight (28) years in prison.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is twenty-one (21) years minimum, presumptive of twenty-eight (28) years, and a maximum of thirty-five (35) years of incarceration.

If there was no deadly weapon involved, then the Kidnapping charge can be a non-dangerous class two (2) felony and carry the follow punishments:

  • First offense can be probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

Punishments if the Alleged Kidnapping Did Not Involve Injury

If the alleged victim is released without physical injury in a safe place prior to arrest, and prior to accomplishing any of the above goals, then this can be charged as a class four (4) felony. The possible punishment varies depending on whether a dangerous instrument or deadly weapon was involved.

  • If a deadly weapon was involved, then the minimum would be four (4) years in prison, the presumptive is six (6) years in prison, and the maximum is eight (8) years in prison.
  • If the person has one (1) allegeable historical prior dangerous conviction, then the minimum is eight (8) years, the presumptive is ten (10) and the maximum is twelve (12) years incarceration.
  • If the person has two (2) allegeable historical prior convictions, the minimum is twelve (12) years, presumptive is fourteen (14), and maximum is sixteen (16) years incarceration.

If a deadly weapon was not involved then the punishment for a first offense can be probation with zero (0) days in jail up to one (1) year in jail, or prison of one (1) year to three and three quarters (3.75) years of incarceration.

  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) to seven and one half (7.5) years of incarceration.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) to fifteen (15) years of incarceration.

If the alleged victim was released pursuant to an agreement with the State and without any physical injury, but after one or more of the above goals was accomplished, then it can be charged as a class three (3) felony.

  • If a deadly weapon or dangerous instrument was involved, then the first offense range of punishment would be five (5) years minimum in prison, seven and one half (7.5) years presumptive in prison; and fifteen (15) years maximum in prison.
  • If a person has one (1) allegeable historical prior dangerous felony conviction, then the range increases to ten (10) years minimum, eleven and one quarter (11.25) years presumptive, and twenty (20) years maximum of incarceration.
  • If the person has two (2) allegeable historical prior dangerous felony convictions, then the “prison only” mandatory minimum punishment is fifteen (15) years, the presumptive is twenty (20) years, and the maximum is twenty-five (25) years of incarceration.

If a deadly weapon or dangerous instrument was not involved, then the first offense range would be anywhere from probation with zero (0) days in jail up to one (1) year in jail, or prison of two (2) years minimum to eight and three quarters (8.75) years maximum of incarceration.

  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

Possible Defenses for Kidnapping

Kidnapping is probably over-charged by Arizona prosecutors more than any other serious felony in Arizona. As such, it is important to have a very skilled defense attorney to combat these usually false allegations. The most often seen defenses to a Kidnapping charge will be based on the defendant’s lack of intent to achieve one of the statutory listed goals ( i.e. slavery, ransom, a sexual offense, etc.). Simply physically restraining another person is not enough to be convicted of Kidnapping; the prosecutor must prove that the defendant restrained the “victim” with the intent to achieve one of those goals. The most typical situation where Kidnapping is charged is during domestic disputes where a child is taken by one parent in a vehicle, or not returned to the other parent according to a visitation schedule.

The other parent then calls the police and the prosecutor files Kidnapping charges. The defendant here should not be convicted of kidnapping because he did not take the child with the intent to commit any of those goals; his only intention was to keep his child away from the other parent for some reason. It will be important to the defense to interview as many friends and family members as possible to demonstrate the on-going relationship between the parties and the character of each person, and to establish the visitation and parental rights of each parent. It is very important to prevent the prosecutor from turning a simple Domestic Violence situation (i.e., a misdemeanor) into the very serious felony of Kidnapping.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.

In addition, the “Denial of Right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case, depending on what else you may have been charged with. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc.. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and other identification procedures, and inaccurate crime scene reconstruction. It is important to hire a skilled Kidnapping lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

The 17 Best Kidnapping Defenses

Click here… if you have not been charged with Kidnapping yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Kidnapping lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Kidnapping Lawyers in Arizona know the system well.

The Collateral Consequences Of An Kidnapping Conviction

The effects of a Kidnapping conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Mitigation

When it comes to “Mitigation” regarding a charge of Kidnapping, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Work with a DM Cantor Phoenix Kidnapping Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Kidnapping Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Kidnapping Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Kidnapping Lawyers always offer free consultations for an initial visit with our Phoenix Kidnapping Defense Attorneys. We are often considered to be the “best Kidnapping Defense Lawyer”.

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