Phoenix Kidnapping Lawyer

Fighting Kidnapping Charges in Phoenix & Across Arizona

In Arizona, prosecutors can file kidnapping charges when they claim a person knowingly restrained another person with a prohibited purpose, including to aid another felony, inflict injury, commit a sexual offense, interfere with government function, or place the alleged victim in fear of injury.

That makes kidnapping a powerful charge for the State, and why it can be charged alongside a range of other offenses. If you are facing kidnapping charges, your defense will need to break down exactly what the government claims happened and deal with any related allegations that may be used to increase pressure. 

At MayesTelles PLLC, we defend clients facing serious felony charges in state and federal courts across Arizona. Our defense starts by focusing on the issues that can decide the case:

• What was the alleged restraint? We examine whether the evidence proves confinement, movement, interference, or control beyond a disputed encounter. 
• What intent can the State prove? Kidnapping requires more than a heated argument, physical contact, or being present during another alleged offense. 
• What other charges are being stacked? We separate kidnapping from related allegations, including domestic violence, assault, robbery, sexual conduct with a minor, or other sex crime charges. 
• What evidence supports the accusation? We review witness statements, bodycam, phone data, location evidence, surveillance, medical records, and police reports for gaps and contradictions. 

Trial Lawyers for Serious Felony Allegations

MayesTelles PLLC has been voted Arizona’s #1 Criminal Defense Firm by Ranking Arizona for seven consecutive years. Our team brings over 200 years of combined experience, with attorneys who are former prosecutors and former law enforcement officers. We’re also led by two award-winning attorneys:

• David V. Telles previously served as a sex crimes prosecutor with the Maricopa County Attorney’s Office, served on a DEA Narcotics Task Force, and is a U.S. Air Force veteran. His background gives our defense team insight into how high-stakes felony and sex crime cases are investigated and charged. 
• J. Blake Mayes clerked for U.S. District Court Judge Earl H. Carroll before building a defense practice spanning more than a thousand criminal cases across Phoenix, Maricopa County, and Arizona. 

Our kidnapping defense attorneys in Phoenix offer free consultations and flexible payment plans. Call (602) 428-7104 or contact us online to speak with a member of our team.

Arizona's Kidnapping Laws Under ARS 13-1304

Arizona's kidnapping law is broader than many people expect. Under A.R.S. § 13-1304, a person commits kidnapping by knowingly restraining another person with one of several prohibited purposes. 

That purpose may include:

• Holding the person for ransom, as a hostage, or for involuntary servitude 
• Inflicting death, physical injury, or a sexual offense 
• Aiding the commission of another felony 
• Placing someone in reasonable apprehension of imminent physical injury 
• Interfering with a government or political function 
• Seizing or exercising control over a vehicle, aircraft, train, bus, ship, or other listed transportation equipment

The key word is restraining. 

In many cases, the State is not alleging an extended confinement. Prosecutors may argue restraint based on claims that someone was moved, held, blocked from leaving, forced into a vehicle, confined in a room, restrained during another alleged felony, or controlled long enough for another offense to occur.

Common Scenarios That Lead to Kidnapping Charges

Kidnapping can be charged in many different fact patterns. The label may sound extreme, but prosecutors may file the charge when they believe restraint was used to commit, conceal, or escalate another offense.

Common situations include:

• Domestic violence allegations involving claims that someone blocked a door, took a phone, held another person down, forced someone into a vehicle, or prevented someone from leaving. 
• Assault, robbery, or weapons cases where prosecutors claim a person was restrained, moved, or held during another felony. 
• Sex crime allegations involving claims that the accused restrained, isolated, transported, or controlled the alleged victim before or during an alleged sexual offense. 
• Vehicle-related allegations where the State claims the accused seized or exercised control over a vehicle, aircraft, train, bus, ship, or similar transportation equipment. 

Kidnapping is commonly charged alongside sexual conduct with a minor when prosecutors claim the accused restrained, moved, isolated, or controlled a minor during or before an alleged sexual offense. Sexual conduct with a minor involves intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person under 18.

What the State Must Prove

Kidnapping cases often turn on whether the State can prove restraint and intent.

In practice, the fight often centers on:

• Restraint — Did the accused person knowingly restrict another person’s movement? 
• Purpose — Can the State prove the restraint was for one of the specific purposes listed in A.R.S. § 13-1304? 
• Consent and context — Was the alleged movement, contact, or confinement voluntary, misunderstood, exaggerated, or part of a different dispute? 
• Separate proof — Is the State proving kidnapping as its own charge, or using the seriousness of another allegation to fill gaps? 

These issues matter because kidnapping is sometimes added to increase leverage in a broader felony case. The defense should force the State to prove the charge it filed, not just rely on the seriousness of the surrounding accusation.

Penalties for Kidnapping in Arizona

Kidnapping is generally a Class 2 felony in Arizona. The classification can change depending on how the alleged victim was released and whether the alleged victim suffered physical injury.

Under A.R.S. § 13-1304, kidnapping may be reduced to a Class 4 felony if the alleged victim is released voluntarily without physical injury before arrest and before accomplishing one of the listed prohibited purposes. It may be a Class 3 felony if release occurs under an agreement with the State and without physical injury.

For a first-time felony offender, Arizona’s general sentencing range includes:

• Class 2 felony: 3 to 12.5 years in prison, with a presumptive term of 5 years. 
• Class 3 felony: 2 to 8.75 years, with a presumptive term of 3.5 years. 
• Class 4 felony: 1 to 3.75 years, with a presumptive term of 2.5 years. 

Sentencing exposure may increase if the State alleges prior felony convictions or other aggravating factors.

If the alleged victim is under 15, kidnapping is punishable under Arizona’s dangerous crimes against children statute. Those allegations can carry substantially harsher sentencing rules and strict limits on release eligibility.

A felony conviction can also affect:

• Employment and background checks 
• Professional licensing 
• Immigration status for non-citizens 
• Housing, custody, and reputation 
• Future sentencing exposure if another case is filed 

Your Defense Can’t Wait – Call Us 24/7 for Help

If you were arrested, charged, or contacted by police about kidnapping under A.R.S. 13-1304, MayesTelles PLLC can help. Our Phoenix kidnapping defense attorneys are available 24/7 to discuss your case. 

Call (602) 428-7104 or contact us online to get started on your defense with a free consultation.