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Kidnapping

Kidnapping Criminal Defense Attorney in St. Petersburg

Defending Kidnapping Charges in Florida with Prosecutorial Insight

Before I defended kidnapping charges, I spent six years prosecuting felonies in Pinellas County, focusing on domestic violence and child abuse cases. Those are the same circumstances from which most kidnapping and confinement charges in Florida arise. I know how prosecutors build these cases because I built them. That background now works entirely in my clients’ favor. With more than 29 years of criminal defense experience serving St. Petersburg, FL, I’ve protected the constitutional rights of people facing the most serious charges Florida courts handle.

A kidnapping charge carries the possibility of life in prison. Don’t wait to get answers. Call (727) 617-6095 to schedule a free consultation with me directly.

What Florida Law Defines as Kidnapping

Under Florida Statute 787.01, kidnapping means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will and without lawful authority. The physical act alone isn’t enough for a conviction. The state must also prove that the confinement served one of four specific purposes, and that intent element is often the most important battleground in a kidnapping defense.

The state must prove the confinement served one of these four purposes:

  • Holding the victim for ransom, reward, or as a shield or hostage
  • Committing or facilitating another felony
  • Inflicting bodily harm or terrorizing the victim
  • Interfering with a governmental or political function

When the alleged victim is a child under 13, Florida law presumes confinement was against the child’s will unless the child’s parent or legal guardian gave consent. That distinction matters in cases involving custody disputes or family situations.

Kidnapping Penalties Under Florida Law

Kidnapping is a first-degree felony in Florida, and the sentencing exposure is severe. Under Florida’s Criminal Punishment Code, it carries a Level 9 severity ranking. Without grounds for a downward departure, courts must impose a mandatory minimum of four years in prison. The statutory maximum is life. A conviction also carries a fine of up to $10,000.

These are general penalty ranges under Florida law. What you actually face depends on the facts, your record, and how the case is resolved. When we talk, I can give you a direct assessment of where things stand.

Trusted by Clients. Proven by Results.

Why Clients Retain Me for Kidnapping Defense in St. Petersburg

Every kidnapping case I take on gets a defense built around its specific facts, not a template. I’ve tried more than 80 cases over my career, and I know that what works in one case can be exactly the wrong strategy in another. My six years as a Pinellas County felony prosecutor mean I approach every case by anticipating what the other side is planning before they make their moves.

When you hire me, you work with me. Your case doesn’t get handed to an associate or managed by staff. I’m available for a free initial consultation by phone, in person, or virtually, whichever works best for your situation.

    “Over Delivered”
    “Hiring Joe was without a doubt the best decision I could have made when it came to having someone handle a HTO revocation on my license.”
    - Mark
    “Incredibly Attentive and Responsive”
    “I highly recommend Mr. Montrone for anyone seeking top-notch legal representation.”
    - Alyse J.
    “Incredibly Grateful”
    “Joe's communication throughout the entire process was top-notch—he explained every step and followed through on everything he promised.”
    - Stefan M.
    “Amazing, Compassionate, and Knowledgeable Lawyer.”
    “His experience as a former prosecutor, equips him with the proper tools to ensure the best possible outcome.”
    - Mike B.
    “Highly Recommend!”
    “Joe Montrone is the best! From the start, he was hands down the most efficient, caring, and supportive attorney I have ever worked with.”
    - Katrina G.
    “Truly the Best.”
    “I hired Joseph to represent me for a criminal charge and I’m so glad I did. If you’re looking for a professional that’s knowledgeable and will fight for you, you found him.”
    - Dave D.

Kidnapping vs. False Imprisonment: What the Difference Means for Your Defense

Florida also prosecutes confinement conduct under a separate charge: false imprisonment (Fla. Stat. 787.02). False imprisonment covers similar conduct but doesn’t require proof of one of kidnapping’s four specific intents. It’s a less severe charge, and when the state’s evidence of intent is thin, arguing for a reduction can be a meaningful part of the defense strategy.

Several defenses directly challenge the elements of a kidnapping charge:

  • Consent: If the alleged victim voluntarily agreed to accompany the accused or remain in a location, the confinement element can’t be established.
  • Absence of specific intent: If the evidence doesn’t prove the confinement served one of the statute’s four purposes, the charge might be reduced or dismissed entirely.
  • Parental custody circumstances: A parent who takes their own child isn’t automatically guilty of kidnapping under Florida law. The surrounding facts and whether proper consent existed affect how the charge holds up.

Discuss Your Case with a Kidnapping Defense Attorney in St. Petersburg

If you or someone you care about has been arrested on a kidnapping charge in Florida, the time to act is now. I offer a free consultation to walk through the charge, the evidence, and the realistic options available. Call (727) 617-6095 to reach me directly at Joseph Montrone, Jr..

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Joseph Montrone, Jr. Joseph Montrone, Jr.
Contact 727-617-6095
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535 Central Ave
Suite 314
St. Petersburg, FL 33701
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