Kidnapping

Kidnapping Defense in El Paso

Defense Informed by Experience Across the Criminal Justice System

A kidnapping charge requires a focused review of what happened, what the accused intended, and whether the evidence satisfies Texas law. At Joseph Veith Law, we defend individuals and families facing serious criminal allegations throughout El Paso, Texas.

Attorney Joseph R. Veith is a former felony prosecutor who has tried civil cases before juries and courts in El Paso and served as an El Paso County magistrate judge. That background informs how we evaluate evidence, anticipate prosecution strategies, and prepare for court.

We build personal attorney-client relationships grounded in integrity, professionalism, and respect. Because every kidnapping allegation presents different facts, we give each client direct attention and examine the circumstances without making assumptions based on the charge alone.

Call (915) 600-6045 to discuss a kidnapping charge with our criminal defense firm and learn about your next steps.

Kidnapping Charges Under Texas Law

Texas Penal Code Chapter 20 distinguishes among several offenses involving restraint or abduction. The applicable offense depends on the alleged restraint, the accused person’s intent, how liberation was allegedly prevented, and whether additional conduct or purposes are claimed.

Kidnapping

Under Texas Penal Code Section 20.03, a person commits kidnapping by intentionally or knowingly abducting another person. Abduction means restraining someone with the intent to prevent that person’s liberation by secreting or holding the person where discovery is unlikely, or by using or threatening deadly force.

Kidnapping is a felony in the third degree, punishable by 2 to 10 years in prison and a fine of up to $10,000.

Aggravated Kidnapping

The aggravated offense requires an abduction accompanied by specified conduct or intent. The statute covers allegations involving ransom or reward, use of a person as a hostage or shield, facilitation of a felony or flight after one, bodily injury, terrorizing another person, interference with a governmental or political function, sexual abuse, or the use or display of a deadly weapon. It also addresses allegations involving serious bodily injury or a threat to kill.

Aggravated kidnapping is ordinarily a first-degree felony, punishable by 5 to 99 years or life in prison and a fine of up to $10,000. The offense is reduced to a second-degree felony if the defendant proves by a preponderance of the evidence, meaning more likely than not, that the alleged victim was voluntarily released in a safe place. This safe-release provision affects the punishment classification but doesn’t erase the underlying allegation.

Unlawful Restraint

Unlawful restraint generally involves intentionally or knowingly restricting another person’s movement without consent and substantially interfering with that person’s liberty. It’s generally a Class A misdemeanor, but specified circumstances can increase the charge. Creating a substantial risk of serious bodily injury is among the circumstances that can elevate the offense to a third-degree felony.

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“His team was beyond dedicated and invested ample time in achieving a dismissal.”
“The sheer honesty, the extreme passion, and the deep professionalism Joseph Veith displayed, make me feel that I have chosen "the BEST lawyer in El Paso, Texas."”

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“I hired Joseph Veith to defend me in a very stressful criminal case.”
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Defense Issues in an El Paso Kidnapping Case

The prosecution must prove every required element beyond a reasonable doubt, including that the accused intentionally or knowingly abducted another person. Temporary restraint or a disagreement about movement doesn’t automatically meet the statutory definition of abduction. The analysis must address the alleged intent to prevent liberation and the claimed method used to accomplish it.

We test the prosecution’s account against witness statements, communications, physical or digital evidence, and the sequence of events. Conflicting descriptions or gaps in the timeline may affect whether the state can prove identity, intent, restraint, or the use or threat of deadly force.

Defense issues that may require investigation include:

Identification: Whether witnesses or other evidence reliably connect the accused to the alleged conduct.
Alibi: Whether records, witnesses, or other evidence place the accused elsewhere.
Intent: Whether the evidence proves intentional or knowing abduction rather than a different interaction.
Coercion or Duress: Whether another person’s threats or pressure affected the accused’s conduct.
Insufficient Evidence: Whether admissible proof establishes each element of the charged offense.
Constitutional or Procedural Violations: Whether police obtained statements or other evidence through an unlawful search, seizure, interrogation, or identification procedure.

The available defenses depend on the evidence and circumstances. We examine the allegation, witness accounts, communications, and timeline before determining which issues can be raised and how the case should be prepared.

Discuss the Charge with Our Defense Firm

We offer a free initial consultation to discuss the kidnapping allegation, immediate court obligations, and available legal options. Payment plans are available, and you can begin by calling us or submitting our contact form.

We provide a clear explanation of the charge and prepare a defense grounded in the evidence and Texas law.

Call (915) 600-6045 to request your free initial consultation about kidnapping charges in El Paso.

What Happens After a Felony Kidnapping Charge in El Paso County

El Paso County District Courts have original jurisdiction over felony criminal cases, including kidnapping and related charges. A felony case proceeds through the grand jury process before district-court proceedings. If an indictment is returned, the case is randomly assigned to one of the county’s numbered district courts.

An initial defense consultation addresses the accusation, the stated charge level, known evidence, and immediate court obligations. We also identify information that should be preserved or investigated, including communications, witness accounts, location records, and other material relevant to the alleged events.

A felony defense generally involves:

Evaluating the statutory elements and allegations.
Attending required court appearances.
Investigating facts and reviewing prosecution evidence.
Examining whether evidence was obtained lawfully.
Conducting negotiations when appropriate.
Preparing for trial when the case doesn’t resolve earlier.

The length and direction of the proceedings depend on the charge, evidence, court schedule, motions, negotiations, and whether a trial is necessary. We keep our clients informed and prepare for each stage based on the record before the court.

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