Kidnapping Lawyer In Beaumont, TX
Texas law treats restraint as a ladder with three rungs, and the intent behind the restraint, along with what the accused is alleged to have done, decides which rung a case sits on. This page covers the three levels, the penalties, the defenses and how a charge moves through Jefferson County.
What Is Kidnapping In Texas?
Under Penal Code § 20.03, kidnapping is intentionally or knowingly abducting another person, which means restraining them with intent to prevent their liberation by hiding or holding them where they are unlikely to be found, or by using or threatening deadly force. It is a third degree felony. Aggravated kidnapping under § 20.04 is a first degree felony.
Source: Texas Penal Code Chapter 20, Kidnapping, Unlawful Restraint, And Smuggling Of Persons
Understanding Texas Law
How Does Texas Law Define Kidnapping?
Chapter 20 of the Penal Code starts from one idea, restraining a person, and grades it by intent and circumstance. Restraint means restricting someone's movements without consent, by moving them from one place to another or by confining them. It is without consent when it is done by force, intimidation or deception, or, for a young child or an incompetent person, without the consent of a parent or guardian.
Unlawful restraint, § 20.02. Knowingly or intentionally restraining another so as to interfere substantially with their liberty. A Class A misdemeanor at the base level.
Kidnapping, § 20.03. An abduction, which is restraint with the intent to prevent liberation. A third degree felony.
Aggravated kidnapping, § 20.04. An abduction plus one of the purposes listed in the statute. A first degree felony.
Intent separates the rungs.
Abduction requires the intent to prevent a person's liberation, and it has to be carried out by one of two means: hiding or holding the person where they are unlikely to be found, or using or threatening deadly force. A restraint without either means may still be unlawful restraint, but it is not kidnapping.
What the state must prove for kidnapping:
- An intentional or knowing restraint of another person
- No consent from that person to the restraint
- An intent to prevent liberation, carried out by hiding or holding the person or by deadly force
For the aggravated level, the listed purposes include ransom or reward, use as a shield or hostage, facilitating a felony, inflicting bodily injury or sexual abuse, and terrorizing the person. The state must prove that intent, but not that the ransom was paid or the injury inflicted.
Penalties And Consequences
What Are The Penalties For Kidnapping In Texas?
Unlawful restraint rises with the facts. It is a state jail felony when the person restrained is younger than 17, and a third degree felony when the restraint exposes the person to a substantial risk of serious bodily injury. These are statutory limits, not predictions.
Fine of up to $10,000.
Fine of up to $10,000.
Second degree felony range.
- Unlawful restraint
- Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000, with the higher levels noted above.
- Kidnapping
- Third degree felony. Two to ten years in prison and a fine of up to $10,000.
- Aggravated kidnapping
- First degree felony. Five to ninety-nine years or life, and a fine of up to $10,000.
- Safe release
- At punishment, the offense can be reduced to a second degree felony if the defendant proves by a preponderance of the evidence a voluntary release in a safe place.
- 3G status
- Aggravated kidnapping is listed in Code of Criminal Procedure art. 42A.054. See 3G offenses.
Because a kidnapping accusation often arrives with other charges from the same event, one case can carry several ranges at once.
Real Questions
What Do People Ask About Kidnapping In Texas?
Does a brief restraint count as kidnapping?
What if the other person came along willingly at first?
How does a domestic argument become a kidnapping charge?
Does safe release make the charge go away?
Can the charge be reduced?
Possible Defenses
How Can Kidnapping Be Defended?
Kidnapping cases are frequently argued on the definitions. The questions are narrow and technical, and each one can move a charge down a step. An attorney reviews the statements, the location evidence and the timeline to see what the state can prove. No result can be promised.
Allegations often come with other charges, such as aggravated assault or family violence. Each charge has its own elements and range and is decided separately.
Safe release comes at the end, not the start.
Under § 20.04(d), safe release is no defense to guilt. It is raised at punishment, and the defendant has the burden of proving it by a preponderance of the evidence.
Evidence in these cases can include phone location data, text messages, vehicle records, video, and the accounts of anyone who saw the people together. When a person is taken across state lines, a federal kidnapping statute can also apply, with the case heard in the United States District Court for the Eastern District of Texas, Beaumont Division.
Consent
Did the person go willingly, and is there evidence of when that changed?
Substantial Interference
Was the interference with liberty substantial, or minor and short?
The Place
Was the person held where they were unlikely to be found?
Deadly Force
Was deadly force used or threatened, or only described later?
The Listed Purpose
Is an aggravating intent proven, or only inferred from the restraint?
Custody Orders
Is this really a custody dispute governed by a different statute?
Local Process
What Happens After A Kidnapping Arrest In Jefferson County?
A kidnapping charge passes through bond, grand jury and district court in Jefferson County, and the safe release question waits until punishment.
Arrest And Bond
After booking, a magistrate explains the charge under article 15.17 and sets bond and conditions, which often bar contact with the complaining witness.
Grand Jury
A felony charge is presented for indictment. Grand jurors can indict as charged, indict a lesser offense or return no bill.
District Court
After arraignment come discovery under article 39.14 and motions, then a plea, a dismissal or a trial. At trial, safe release is raised only after a finding of guilt.
- Where it is heard
- Felonies are heard in the district courts at the Jefferson County Courthouse on 1085 Pearl Street. A misdemeanor unlawful restraint is filed in one of the Jefferson County Courts at Law.
- Who prosecutes
- Felonies are prosecuted by the Jefferson County Criminal District Attorney's Office. Misdemeanors are handled by prosecutors in Jefferson County.
- Who makes the arrest
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Where you are booked
- Arrestees from every law enforcement agency in the county are booked into the county's jail system.
- If the case is appealed
- the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A Kidnapping Charge?
These steps are general information, not advice for any one person.
Do Not Contact The Complaining Witness
Bond terms often bar it, and messages can become evidence.
Do Not Explain To Officers
Statements about where people were and why can set the level of the charge.
Preserve Location And Message Data
Phone location history and texts can show where people were and what was said.
List Witnesses
Write down anyone who saw the people together before, during or after.
Gather Custody Papers
If a child is involved, keep every court order and the dates of any exchanges.
Avoid Social Media
Posts about the event can be used by the state.
Speak with a lawyer before any statement or plea, since the range for aggravated kidnapping is among the highest in Texas law and a conviction for it cannot lead to judge-ordered probation. Mitchell Law Firm offers a confidential conversation about a kidnapping charge in Jefferson County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 20: Unlawful restraint, kidnapping and aggravated kidnapping
- Texas Penal Code Chapter 25: Interference with child custody
- Texas Penal Code Chapter 12: Punishment ranges
- Texas Code of Criminal Procedure Chapter 42A: Community supervision and 3G offenses
- Texas Code of Criminal Procedure Chapter 15: Arrest and the magistrate warning
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Assault Charges
Other Assault Charges Handled In Beaumont, TX
Restraint charges often arise out of a family or dating dispute, and they sit close to assault and family violence. See the full Assault Crimes defense overview for Beaumont.
Assault
Three offenses share one statute, from a fine-only Class C to a felony when the facts or the person involved change.
Aggravated Assault
An assault plus serious bodily injury or a deadly weapon. A second degree felony, and first degree in a narrow set of cases.
Vehicular Assault
Not a Texas statute by that name. A crash that hurts someone is charged under a different law, and which one decides the range.
Deadly Conduct
Reckless danger to another person is a Class A misdemeanor. Firing a gun at people or toward a building or vehicle is a third degree felony.
Family Violence
An assault between people in a family, household or dating relationship, with a protective order, firearm limits and a finding that stays on the record.
Injury To A Child, Elderly Or Disabled Person
A felony at every level, graded by the injury and the mental state, and chargeable for a failure to act as well as for an act.
Terroristic Threats
A threat of violence can be a crime without any contact. The level runs from a Class B misdemeanor to a third degree felony.
Common Questions
Kidnapping Questions People In Beaumont Ask
What is kidnapping under Texas law in Beaumont, TX?
Penal Code § 20.03 makes it an offense to intentionally or knowingly abduct another person. To abduct means to restrain a person with intent to prevent their liberation, either by secreting or holding them where they are unlikely to be found or by using or threatening deadly force. Kidnapping is a third degree felony.
What separates kidnapping from unlawful restraint in Jefferson County?
Unlawful restraint under § 20.02 is intentionally or knowingly restricting a person's movements without consent so as to interfere substantially with their liberty. Kidnapping adds the intent to prevent liberation by concealment or deadly force. Unlawful restraint starts as a Class A misdemeanor, while kidnapping is a third degree felony.
What makes a kidnapping aggravated in Beaumont, TX?
Penal Code § 20.04 requires an abduction plus a listed purpose, such as holding for ransom or reward, using the person as a shield or hostage, facilitating a felony or flight, inflicting bodily injury or sexually abusing the person, or terrorizing them. Aggravated kidnapping is a first degree felony, with five to ninety-nine years or life.
Does releasing the person safely change the charge in Jefferson County?
Under § 20.04(d), the defendant may raise at the punishment stage whether the person was voluntarily released in a safe place. If that is proven by a preponderance of the evidence, the offense is punished as a second degree felony rather than a first degree felony. The burden of proving it rests on the defendant, and it arises only after guilt is found.
Can a kidnapping charge come from a custody or relationship dispute in Beaumont, TX?
A restraint allegation can grow out of a dispute between partners or family members, and the same facts may be charged as assault, family violence or interference with child custody under § 25.03. The state must still prove each element of the restraint offense it charges, including the person's lack of consent and the accused's intent.
Is aggravated kidnapping a 3G offense in Beaumont, TX?
Aggravated kidnapping appears on the list of offenses in Code of Criminal Procedure art. 42A.054, often called 3G offenses. After a conviction for a listed offense a judge cannot order community supervision, and parole eligibility comes later than for other offenses.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
A restraint allegation can reach a felony indictment quickly. Call early to go over what the evidence shows and where the case stands.
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