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Under Wisconsin law, as opposed to most other states, false imprisonment is not a lesser included crime of kidnapping. Forced movement of a person from one part of a building to another satisfies the "carries another from one place to another" element of sub. (1) (a). State v. Wagner, 191 Wis. 2d 322, 528 N.W.2d 85 (Ct. App. 1995). |
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KidnappingUnder Wisconsin Statute 940.31, kidnapping another person and holding that person for against his will is a crime punishable by the penalties for a Class B felony if the victim is not released unharmed before the first witness is sworn at trial, or a Class C felony if released without harm. Kidnapping is defined as the seizing or taking and carrying away of another person by force or threat of imminent force without that person's consent, or by deceit that induces that person to go from one place to another, with intent to cause that person to be secretly confined or imprisoned or carried out of this state or held to service against that person's will. The kidnapped person need only be moved from one place to another - even in the same building - and secretly held. Confinement is the intentional, unlawful, and uncontested restraint by one person of the physical liberty of another person. Kidnapping is a crime whether a ransom is demanded; if a ransom is demanded, then the kidnapper is subject to a Class B felony, otherwise the kidnapper is subject to a Class C felony. A ransom may be any form of property including money, an act, or a failure to act. Taking HostagesUnder Wisconsin statute 940.305, any person who by force or threat of imminent force seizes, confines, or restraints a person without the person's consent and with the intent to use the person as a hostage in order to influence a person to perform or not to perform some action demanded by the person taking the hostage is subject to the penalties of a Class B felony, or if all hostages are released before the hostage taker's arrest, then a Class C felony. False ImprisonmentFalse imprisonment is the intentional confinement or restraint of a person without that person's consent. False imprisonment differs from kidnapping in that it does not require that a person be moved from one place to another. False imprisonment is not a lesser crime to kidnapping. State or Federal Kidnapping ChargesKidnapping may be charged as either a state crime or a federal crime. If a person is convicted of a state kidnapping charge, imprisonment will be in a Wisconsin state prison. If convicted of a federal offense, imprisonment will be in a federal prison. Kidnapping DefenseIf you are under investigation for kidnapping by a federal or state agent, if you have been arrested and charged for kidnapping, or if you have already been convicted and want to either directly appeal your criminal conviction or challenge your conviction or sentence, Van Wagner & Wood's criminal defense attorneys will defend you - regardless of the charges. The skills and abilities of those attorneys have been proven numerous times throughout their winning record of federal and state trials. While trying more than 50 felony jury trials to verdict as a state prosecutor (in Trenton, New Jersey), cases ranging from welfare fraud to rape to homicide, and several more conspiracy cases to verdict as a federal prosecutor (in Madison, Wisconsin), Attorney Christopher Van Wagner, a former US Attorney and State Prosecutor, has been repeatedly honored by his peers rating him one of Madison's Best Criminal Defense Lawyers and repeatedly awarded the Martin Hanson Advocate's Prize by the Wisconsin Association of Criminal Defense Lawyers for numerous homicide acquittals. As the first attorney ever to be appointed to the Board of Regents for the NCDD, and both the youngest and only female board member, Attorney Tracey Wood has tried numerous felony cases to verdict including the largest military case every known in which her client was acquitted on all charges of conspiracy and conversion (theft) of 151 military vehicles, while three other men were convicted and sentenced to federal prison. Trial, Appeal, State or Federal CourtIn addition to a solid and successful trial history, both Attorney Chris Van Wagner & Attorney Tracey Wood have also argued and won appeals to the Wisconsin Court of Appeals and the US Court of Appeals, and both attorneys have been appointed by courts to help in the defense of a defendant when the current attorney was in over his head. Free Confidential Initial ConsultationVan Wagner& Wood's attorneys offer a free initial consultation which will give you a brief but professional first-impression analysis of the case against you and allow you to make the critical decisions necessary to defend yourself. Please call ( in the Madison area, or statewide) the attorneys at Van Wagner & Wood for a brief but professional free first-impression analysis of your case. You can also send your case information online, or email the attorneys. |
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