Charged With Aggravated Kidnapping?
Edward Okwueze • May 25, 2023
Facing an aggravated kidnapping charge does not always mean you will be convicted. In order for a conviction, the prosecution needs to prove without a reasonable doubt beyond every element of the aggravated kidnapping offense, which can be difficult to do.
If the judge or jury has any doubts, it could result in a reduction or dismissal of the charges against you. So if you’re being investigated, it’s imperative that you contact an experienced family crimes lawyer immediately to falsehoods.
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At Edward Law Group, we understand how complex these types of cases can be and our criminal defense attorneys will provide you with compassionate counsel during this difficult time.
According to Section 20.01 of the Texas Penal Code, “aggravated kidnapping” generally involves either of the following elements: Abduction – This term is defined as holding an individual with the intent to prevent them from being released by using or threatening to use deadly force against them, or hiding or holding the individual in a place where they are unlikely to be found.
Restraint – This term is defined as restricting an individual’s movements without their consent, by confining them so the restraints substantially interfere with their ability to be freed, or by restricting their freedom by moving them from one place to another. An individual is restrained without consent if:
- The victim is either tricked, forced, or threatened into submission;
- The victim agrees to the movement or confinement under false pretenses
- They are unable to consent because they are children under 14 years old, and their parent, guardian, or caretaker did not agree to the relocation; or
- The victim must be aged 14-16, moved outside of their home state, and not within 120 miles of their home without parental consent.
What happens if you are falsely accused of aggravated kidnapping in Texas?
False accusations of aggravated kidnapping in Texas can result in serious penalties and consequences, including any of the following: jail time, a fine, and a criminal record.
Some of the common consequences for convicted criminals include:
- A criminal record
- a prohibition from owning a firearm
- fines
- issues being admitted into schools or universities
- a prohibition from voting or holding public office
- Eligibility to apply for certain jobs, occupations, or professions, and/or Long prison sentences.
In Texas, an individual can be charged with aggravated kidnapping if they intentionally or knowingly abduct another person in order to:
- charge someone with the ransom,
- Flee after the attempt of commissioning a felony,
- Interfere with governmental or political functions,
- Terrorize an individual or third person, using them as hostage or shield, and lastly
- Violate, sexually abuse-or inflict bodily injury on the individual.
Furthermore, if somebody intentionally or knowingly abducts another person while utilizing a deadly weapon, they can be charged with aggravated kidnapping. For this to occur, the individual’s actions must have been intentional. According to the Texas Penal Code, these mental states are defined as such:
- Knowingly – An individual can act knowingly if they are aware that their conduct is reasonably certain to cause the desired result.
- Intentionally – An individual is only acting intentionally if they desire to commit the act, or if it is their conscious objective to engage in the act itself or produce a specific result.
The criminal penalties for aggravated kidnapping in Texas are defined as follows:
The sentence for aggravated kidnapping convicted as a felony of the first degree can result in imprisonment from five to 99 years or life imprisonment, and/or a fine up to $10,000. If the kidnapper voluntarily releases the victim safely, then the conviction is classified as a felony of the second degree. The sentence includes two to 20 years imprisonment and/or a fine up to $10,000.
Several factors will affect the punishment if someone is found guilty, such as:
- The age of the victim. For example, was the alleged victim a child or an elderly person?
- Whether the accused has previous felony convictions.
- If they are considered a habitual offender.
Overcome the Allegations Against You With an Experienced Criminal Defense Attorney
If you have been accused of an aggravated kidnapping offense in Texas, contact Edward Law Group today for a free consultation. We have experienced Criminal Defense Attorneys who will make every effort to fight the false accusations against you. Call now for a free case review on the details surrounding your charges.
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Child support is a critical issue that affects many families in Texas. It ensures that both parents contribute to the financial well-being of their child, providing the necessary resources for their education, healthcare, and day-to-day living expenses. At Edward Law Group, we understand the complexities surrounding child support and are here to guide you through the process to ensure that your rights and your child’s best interests are protected. What Is Child Support? Child support is a financial obligation that one parent, typically the non-custodial parent, must pay to the custodial parent to help cover the costs of raising a child. These payments are intended to ensure that the child’s standard of living remains stable, even after a divorce or separation. In Texas, child support is governed by state law, which sets specific guidelines on how much the non-custodial parent must pay based on their income and the number of children needing support. How Is Child Support Calculated in Texas? Texas follows a formulaic approach when calculating child support payments, focusing primarily on the non-custodial parent’s income. Here’s how it works: Determine Net Monthly Income: The non-custodial parent’s net income is calculated by subtracting taxes, health insurance premiums for the child, and other allowable deductions from their gross income. 2. Apply the Percentage: Based on the number of children involved, Texas law applies a percentage to the non-custodial parent’s net income: 20% of net income for one child 25% for two children 30% for three children 35% for four children 40% for five or more children 3. If the non-custodial parent has other children from a previous relationship, these percentages may be adjusted. 4. Cap on Income: As of 2023, Texas places a cap on the amount of income subject to child support at $9,200 per month. However, courts may order additional support if the child has special needs or if the standard of living requires higher contributions. Factors That Can Affect Child Support While Texas uses guidelines to calculate child support, certain factors may influence the amount ordered, including: Health Insurance: The non-custodial parent is often required to provide health insurance coverage for the child, which can affect the final child support amount. Child’s Special Needs: If the child has significant medical, educational, or emotional needs, the court may order higher child support payments to cover those expenses. Custody Arrangements: In cases where parents share custody and the child spends substantial time with both, the child support amount may be adjusted accordingly. Parent’s Financial Situation: If either parent’s financial situation changes dramatically, they can request a modification of the child support order. Modifying Child Support Orders Child support orders are not set in stone. Either parent can request a modification of the child support amount if there is a significant change in circumstances, such as: A change in either parent’s income A job loss or promotion A change in the child’s needs A change in custody arrangements To modify a child support order, the requesting parent must file a petition with the court and demonstrate why the modification is necessary. At Edward Law Group, we can help you file for a modification and present the necessary evidence to support your case. Enforcing Child Support in Texas Unfortunately, there are instances when the non-custodial parent fails to make child support payments. Texas takes child support enforcement seriously, and there are several legal mechanisms available to ensure compliance: Wage Garnishment: The court can order that child support payments be deducted directly from the non-custodial parent’s paycheck. Contempt of Court: Failure to pay child support can result in the non-custodial parent being held in contempt of court, leading to penalties such as fines or even jail time. License Suspension: Texas can suspend the non-paying parent’s driver’s license, professional licenses, or even recreational licenses until payments are made. Liens: The court can place liens on the non-custodial parent’s property, including real estate or personal property, to secure child support payments. At Edward Law Group, we can assist you in enforcing child support orders and help ensure that your child receives the financial support they are entitled to. The Importance of Legal Representation in Child Support Cases Whether you are seeking child support for the first time, requesting a modification, or enforcing an existing order, having skilled legal representation is crucial. Child support laws in Texas are complex, and navigating the legal system can be overwhelming, especially during emotional family matters. An experienced attorney can help ensure that the support arrangements are fair, legal requirements are met, and the child’s best interests are prioritized. At Edward Law Group, we work closely with our clients to understand their needs and provide personalized legal guidance. Our goal is to protect your rights and help you achieve a fair outcome that supports your child’s well-being. Child support is a vital aspect of ensuring your child’s financial stability after a divorce or separation. At Edward Law Group, we are dedicated to helping parents navigate the child support process in Texas, whether you’re establishing, modifying, or enforcing an order. With our expertise, we can help protect your rights and secure the financial support your child needs to thrive. If you have questions about child support or need assistance with a child support case, contact Edward Law Group today for a consultation. We are here to help you and your family through every step of the process.
Getting married is an exciting step, but it also involves significant financial and legal changes. For couples in Texas, a prenuptial agreement (or “prenup”) can be an effective tool to set expectations and protect both parties’ interests before entering into marriage. While the idea of a prenup may seem unromantic or unnecessary to some, it can provide clarity and security for both partners in the event of divorce or death. In this blog post, we’ll explore what prenuptial agreements are, why they might be a good idea for couples in Texas, and what to consider when drafting one. What is a Prenuptial Agreement? A prenuptial agreement, also known as a premarital agreement, is a legally binding contract created by two people before they marry. It outlines the rights and responsibilities of each party concerning their assets, debts, income, and other financial matters during the marriage and in the event of a divorce or separation. Prenuptial agreements can address a range of topics, including: Division of property and assets. Responsibility for debts. Spousal support or alimony. Handling of business interests. Rights to retirement accounts and benefits. Allocation of inheritances and gifts. Financial responsibilities during the marriage. In Texas, prenups are governed by the Texas Family Code and are typically enforceable as long as they meet specific legal requirements. Why Consider a Prenuptial Agreement? Although not every couple may need a prenuptial agreement, there are several reasons why one might be beneficial: Protecting Individual Assets If one or both partners have significant assets, such as real estate, investments, or a business, a prenup can specify that these assets remain separate property in the event of a divorce. Clarifying Financial Rights and Obligations A prenup can help set clear expectations about how financial matters will be handled during the marriage, such as how bills will be paid or how joint accounts will be managed. Protecting Against Debt If one partner has substantial debt, such as student loans or credit card balances, a prenuptial agreement can specify that this debt remains the responsibility of the individual rather than becoming a shared liability. Addressing Spousal Support Couples can use a prenup to waive or limit future claims for spousal support, providing certainty about what will happen financially if the marriage ends. Preserving Family Heirlooms or Inheritances A prenuptial agreement can protect family heirlooms or inheritance money, ensuring that these assets stay within the family. Avoiding Costly and Protracted Legal Battles By agreeing on key financial matters before marriage, a prenup can help reduce the likelihood of a contentious divorce and protect both parties from lengthy court disputes. How Are Prenuptial Agreements Enforced in Texas? To be enforceable, a prenuptial agreement in Texas must meet certain legal standards under the Texas Uniform Premarital Agreement Act. The agreement must be: In Writing A prenuptial agreement must be in writing to be legally binding. Verbal agreements are not enforceable in Texas. Voluntarily Signed by Both Parties Both parties must sign the agreement voluntarily. If either party is coerced, threatened, or unduly pressured into signing, the agreement can be deemed invalid. Full Disclosure of Assets and Debts Each party must fully disclose their assets, debts, and income to the other. If one party conceals information or provides inaccurate financial disclosures, the prenup can be challenged in court. Not Unconscionable A prenuptial agreement cannot be so one-sided that it is deemed "unconscionable." This means that the terms cannot be grossly unfair or oppressive to one party. What Can and Cannot Be Included in a Texas Prenuptial Agreement? A prenuptial agreement can cover a wide range of financial topics, but there are some limitations on what can be included: What Can Be Included: Division of marital and separate property. Ownership and management of a business. Rights to sell or transfer property. Financial responsibilities during the marriage. Spousal support arrangements. Debt allocation. What Cannot Be Included: Child Support and Custody Arrangements: In Texas, decisions regarding child support and custody are determined by the best interests of the child and cannot be predetermined in a prenup. Non-Financial Matters: Prenups that include non-financial clauses, such as requirements about personal behavior, household duties, or lifestyle choices, are unlikely to be enforced. Waiving the Right to a Future Modification: Agreements that state they cannot be altered under any circumstances may not be upheld if a significant change in circumstances occurs. Can a Prenup Be Challenged in Texas? Yes, a prenuptial agreement can be challenged and set aside under certain conditions. Some common grounds for challenging a prenup include: Lack of Full Disclosure: If one party did not fully disclose their financial situation or intentionally hid assets. Lack of Voluntary Consent: If one party was coerced or under duress at the time of signing. Unconscionability: If the agreement is grossly unfair or oppressive to one party. Invalid Execution: If the prenup was not properly signed or notarized. Steps for Creating a Prenuptial Agreement in Texas Creating a valid and enforceable prenuptial agreement in Texas involves careful planning and consideration. Here’s how the process typically works: Consult with an Attorney Both parties should consult with their own attorneys to ensure that their rights are protected. Having separate legal representation helps prevent claims of coercion or lack of understanding. Discuss and Identify Terms The couple should have open discussions about what they want to include in the agreement. This might involve listing assets, debts, and how they want to handle finances during and after the marriage. Draft the Agreement An attorney will draft the agreement based on the couple’s discussions and ensure it complies with Texas law. Review and Revise Both parties should review the agreement carefully and make revisions as needed. Sign and Notarize The final agreement should be signed in the presence of a notary public. How Edward Law Group Can Help If you’re considering a prenuptial agreement in Texas, it’s important to have experienced legal guidance to ensure the agreement is fair, valid, and enforceable. At Edward Law Group, we understand the sensitive nature of these discussions and strive to help couples create prenuptial agreements that protect their rights and provide peace of mind. Whether you’re planning for a marriage or want to update an existing agreement, contact us today to schedule a consultation. Our knowledgeable attorneys are here to guide you through every step of the process and answer any questions you may have.
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If you or someone you know is facing felony charges, it’s natural to have questions about the court process and what to expect. Many people wonder how long it will take to get a court date for a felony, how long after being charged they will go to court, and how long it takes for a felony case to go to trial. Fortunately, with the help of an experienced attorney, you can navigate the criminal justice system successfully. In this blog post, we’ll explore these questions and discuss how an attorney can assist you throughout the process. ļ»æ Firstly, let’s address the question of how long it takes to get a court date for a felony in Texas. The amount of time varies depending on several factors such as the severity of the offense and the jurisdiction where the crime was committed. Generally speaking, however, it can take anywhere from a few weeks up to several months to schedule a court date. During this time, your attorney will work on building your defense strategy and preparing for trial. Once you have been formally charged with a felony offense in Texas, you may be wondering how long it will take before you go to court. Again, there are several variables at play that determine timing. Typically though, arraignment takes place within 24-48 hours of arrest. After that initial appearance in front of a judge (to hear your rights read), there could be additional hearings scheduled before an actual trial occurs. Regarding when your case goes to trial - this is another factor that depends on various circumstances such as case complexity or severity along with many other factors such as witness availability (including expert witnesses) and judicial scheduling conflicts that occur regularly within our courts systems all over Texas . As such there is no one-size-fits-all answer here but generally speaking most cases do not see trial until months after charges are filed. Finally - how can an attorney help you throughout this process? A skilled criminal defense attorney can assist in a variety of ways including negotiating plea deals, representing you during court appearances, and presenting evidence that is beneficial to your case. If you are facing felony charges, it is important to work with an experienced attorney from the beginning in order to give yourself the best chance at a favorable outcome. While there is no set timeline for felony cases in Texas, understanding the court process and having an experienced attorney on your side can make all the difference. Whether you’re wondering how long it takes to get a court date for a felony or how an attorney can help you throughout the legal process, we hope this blog post has provided some answers. Remember - if you or someone you know is facing felony charges, don’t hesitate to seek legal counsel right away.
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What if one poor choice could deracinate your entire future? If you have been accused of assault, that may be the case. No one wants to do time behind bars if they can help it! But there are some plea options that may assist you. With the help of an attorney, options like those below could help you beat a simple assault charge. What Is a Plea Agreement and Its Purpose? A plea agreement is when you confess guilt to a crime in order to receive a lighter sentence. The court system often encourages people to take this deal. In this guide, we will explain how such an Agreement can help if you’re being charged with simple assault. The reason that lawyers encourage plea bargaining is that it saves both time and money for all parties involved. Although plea agreements are often thought of as being only beneficial to the court and state, they can also be advantageous for an individual accused of a crime like simple assault. Are There Benefits of Entering Into a Plea Agreement? While the advantages of plea bargaining fluctuate per case, it is almost always wiser to accept a plea bargain than gamble with jail time. To provide an instance, you might be given a shorter sentence. Plus, depending on your criminal history, you may evade jails entirely (as our notes explain below). A plea may even Drop related charges. You can avoid more prison time by pleading guilty to just one crime. When offered, a plea agreement should be taken into consideration before automatically deciding whether or not to go to trial. There are potential risks regardless of the route chosen. Disadvantages of Plea Agreements The primary downside to taking a plea agreement is that, by accepting the deal, you are pleading guilty to a crime. A plea is a great way to shorten your prison sentence, but it may come with long-term consequences like a criminal record. Only you can decide whether accepting guilt is better than going to trial. As always, we recommend consulting with an attorney before making any decisions about your case. What is the definition of “simple assault”?” It’s crucial that you comprehend what “simple assault” involves (and does not). As the name suggests, this is a lighter form of assault. There are only two cases in which you can be charged with this misdemeanor crime. There are two types of simple assault. The first is when you try to physically harm someone but fail. The second is when, through words or actions, you make someone think you’re going to commit an act of battery against them. In Texas, these types of assaults are felonies. But if you manage to hurt someone without intending to during this act, it’s only a Class A misdemeanor. “Simple” assault charges may not sound serious, but the state can give some harsh sentences for them. That’s why it’s key to know what kinds of plea deals you might be offered. Plea With No Jail Time Plea agreements that don’t involve any jail time are the best kind. This is also called a deferred sentence. Unless you break the law while on probation, you won’t go to prison. In some cases, this means you won’t have a conviction on your record at all. However, there are plea deals where you “serve” probation instead of time in prison but still end up with a conviction on your record. If you receive a plea with no jail time, it likely means that you had little to no criminal history or there were extenuating circumstances surrounding your assault (such as being attacked first). Plea With Some Jail Time If receiving a long jail sentence is your number one fear, then pleading guilty may be the best option for you. This way, you avoid risking the maximum possible sentencing if convicted in court. Pleading not guilty and going to trial becomes less likely to happen if (1) you have prior criminal history or (2) more serious crimes have been charged against you alongside other charges. Jail time is more likely if you are accused of domestic violence, particularly in Texas which has a zero-tolerance policy. Plea to Other Charges Being charged with other crimes in addition to simple assault can happen, and if it does, you may be able to plead guilty to some charges as a trade-off. When you do this, it’s an admission of guilt for one or more crimes; however, the state agrees to dismiss some of the other charges against you. A misdemeanor charge like simple assault is often the better option than a felony, especially if it means avoiding potential prison time. Entering Special Programs The final plea option to avoid prison comes with conditions, which are decided by a judge. For example, someone who commits assault while under the influence of alcohol or drugs may be offered a plea deal that includes staying off drugs or going to Alcoholics Anonymous. If you want the court or probation officer to show leniency, you must provide evidence that demonstrates your good character. If you don’t successfully finish any programs ordered by the court, it will be assumed that you committed the original crime and you’ll be sentenced as such. How to Beat a Simple Assault Charge: The Bottom Line At Edward Law, we know what it takes to beat the charges and get your life back on track. All you need to do is give us a call, and we’ll take care of the rest.