Cleveland, TN asked in Criminal Law for Tennessee

Q: How much time could you get out of agravated kidnapping and agravated robbery

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1 Lawyer Answer

A: Kidnapping is the crime of taking a person against their will to an undisclosed location. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.

According to the laws of Tennessee, kidnapping is false imprisonment as defined in § 39-13-302, under circumstances exposing the other person to substantial risk of bodily injury[i]. § 39-13-302 defines that a person commits the offense of false imprisonment when knowingly removes or confines another unlawfully so as to interfere substantially with the other’s liberty. Kidnapping is a Class C felony and false imprisonment is a Class A misdemeanor [ii].

Aggravated kidnapping is also false imprisonment, as defined in § 39-13-302, but committed:

To facilitate the commission of any felony or flight thereafter;

To interfere with the performance of any governmental or political function;

With the intent to inflict serious bodily injury on or to terrorize the victim or another;

Where the victim suffers bodily injury; or

While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.

Aggravated kidnapping is a Class B felony. If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim’s safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.

In Tennessee robbery is the intentional theft of property from a person when accompanied by fear or force. This crime becomes aggravated when either a deadly weapon (gun, knife, car, etc.) is used or the victim is seriously hurt. If convicted, the defendant faces a sentence of 8-30 years. It is possible that the District Attorney General may allow you to run the sentences concurrently.

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