Kidnapping & Forcible Confinement Defence Lawyer in Toronto
Kidnapping is generally defined as the taking of someone against their will to another location. In some cases, the victim may have been forced, threatened or intimidated into the kidnapping and held by force or violence. In the case of a child, they have been coerced or lured away from the custodial parent or guardian. Holding someone against their will is considered forcible confinement.
Kidnapping may be done for ransom, or for the furtherance of another crime, or in connection with a child custody dispute. It can be done by a stranger, acquaintance or relative of the victim.
Penalties for Kidnapping / Forcible Confinement in Toronto
Kidnapping, next to murder or rape is one of the more serious charges one can face. In Canada, the Criminal Code states the following on kidnapping:
279. (1) Every person commits an offence who kidnaps a person with intent:
(a) To cause the person to be confined or imprisoned against the person’s will; (b) To cause the person to be unlawfully sent or transported out of Canada against the person’s will; or (c) To hold the person for ransom or to service against the person’s will.
Punishment
(1.1) every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) In the case of a first offence, five years, and (ii) In the case of a second or subsequent offence, seven years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) In any other case, to imprisonment for life.
In the act of kidnapping, it requires three distinct actions on the part of the offender. First is the unlawful taking of the victim by force or intimidation. Second is the detaining of the victim. Third is committing the first two actions with the intent to achieve at least one of the following goals: to deprave the victim of personal liberty, to shield the person from those in charge of the victim, or to force the abducted person to do things against their will.
Are You Facing Kidnapping or Forcible Confinement Charges in Toronto?
Our Toronto Legal team understand that being charged with the serious offence of kidnapping can be very shocking and overwhelming, so you need someone in your corner that can help you understand the law and the legal processes.
We at The Criminal Law Team are skilled and experienced in dealing with the Canadian criminal system. We know the law and how to deal with prosecutors. We will defend you to the best of our ability to give you the best possible outcome.
If you or someone you know is facing criminal kidnapping or forcible confinement charges then you need an experienced and efficient lawyer to defend you – Click to call and be connected to one of Toronto Criminal Lawyers instantly. See what our other clients are saying about us. We can help you too!
