St. Petersburg Criminal Lawyer Blog
Parents involved in custody disputes will often disagree with how the courts divide parental rights and parenting time. Regardless of whether a parent agrees with a court’s decision in a custody case, however, they must abide by it. If they do not, and take or retain a child without permission, they may be accused of kidnapping or interfering with child custody. If they are subsequently found guilty of such crimes, their penalties must align with Florida law, and if they do not, they may be vacated, as demonstrated in a recent Florida case. If you are charged with kidnapping, it is smart to meet with a St. Petersburg kidnapping defense lawyer to assess your options.
Case Setting
It is reported that the defendant was convicted of kidnapping and interference with child custody. She challenged her convictions on the basis that she was entitled to a twelve-person jury under the Sixth and Fourteenth Amendments of the U.S. Constitution. The trial court denied this claim, leading to the defendant’s appeal.
Allegedly, the defendant also contested three aspects of her sentencing: the trial court’s consideration of injuries sustained by an aggravated battery victim, even though she was acquitted of aggravated battery and simple battery charges; the classification of kidnapping as a capital felony, which precluded her eligibility for a downward departure in sentencing; and the imposition of a $746 prosecution cost without proper evidence or factual findings to justify exceeding the $100 statutory minimum.
Grounds for Vacating a Sentence
The court reviewed the defendant’s conviction and found her argument regarding the twelve-person jury to be without merit, affirming the convictions without further discussion. However, the court agreed with the defendant on the three sentencing issues.
First, the court held that it was an error for the trial court to rely on the injuries of the aggravated battery victim when sentencing the defendant, given her acquittal on those charges. The reliance on acquitted conduct violated due process, leading the appellate court to vacate her sentences for both the kidnapping and interference with child custody convictions and remand for a new sentencing hearing.
Second, the court determined that kidnapping is not a capital felony under Florida law, and the trial court erred in ruling the defendant ineligible for downward departure. The court remanded for the trial court to reconsider, at its discretion, the defendant’s motion for downward departure.
Lastly, the court vacated the $746 prosecution cost imposed by the trial court, finding that the state had not provided evidence or the necessary factual findings to justify exceeding the statutory minimum. The case was remanded for a new sentencing hearing with instructions to adhere to these findings.
Meet with an Experienced St. Petersburg Criminal Defense Attorney
It is not uncommon for parents engaged in battles over the custody of a child to be charged with kidnapping, and if they are found guilty, they may face substantial penalties and lose their parental rights. If you are accused of kidnapping, it is wise to meet with an attorney to evaluate your potential defenses. The experienced St. Petersburg kidnapping defense attorneys at Hanlon Law can evaluate your case and advise you of your options for fighting to protect your rights. You can reach Hanlon Law through our online form or by calling 727-897-5413 to arrange a meeting.