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Arrested for Kidnapping in West Virginia? Here’s What You Need to Know

Frank C. Walker II Feb. 20, 2025

Being arrested for kidnapping is one of the most serious charges you can face in West Virginia. The penalties are severe, and the impact on your life can be devastating. Whether it’s a misunderstanding or a case of mistaken identity, you need to act swiftly and decisively to protect your rights and your future.

At Frank Walker Law, we understand the gravity of kidnapping charges and are committed to providing aggressive, strategic representation to help you through this challenging time. Here’s what you need to know and what steps to take if you’re facing kidnapping charges in West Virginia.

What Constitutes Kidnapping Under West Virginia Law?

Kidnapping is defined as unlawfully taking, confining, or transporting another person against their will. This can involve physical force, threats, or deception. Kidnapping charges in West Virginia can apply in a variety of situations, such as:

  • Holding someone for ransom.

  • Using a person as a shield or hostage.

  • Interfering with a parent’s custody rights.

  • Transporting someone to commit another crime.

The specifics of the charge depend on the circumstances of the case, and the penalties are harsh, often including lengthy prison sentences and significant fines.

Penalties for Kidnapping in West Virginia

Kidnapping is typically charged as a felony in West Virginia, with potential consequences such as:

  • Prison Time: Sentences can range from 10 years to life imprisonment, depending on the severity of the offense.

  • Fines: Convictions can result in hefty fines, potentially reaching tens of thousands of dollars.

  • Aggravating Factors: If the kidnapping involved injury, death, or a child victim, the penalties may be even more severe.

Step 1: Remain Silent and Cooperate with Law Enforcement

If you’ve been arrested for kidnapping, it’s crucial to remain calm and avoid resisting law enforcement. Do not attempt to explain or justify your actions. Anything you say can and will be used against you in court. Instead, exercise your right to remain silent until you have an attorney present.

Step 2: Contact an Experienced Criminal Defense Attorney Immediately

Time is of the essence when facing kidnapping charges. Contact Attorney Frank Walker as soon as possible to begin building your defense. With years of experience handling high-stakes criminal cases, Frank Walker Law can help you navigate the complexities of the legal system and protect your rights.

Step 3: Gather and Preserve Evidence

Work with your attorney to gather any evidence that could support your defense. This might include:

  • Witness statements.

  • Video footage or photos.

  • Text messages, emails, or other communications.

Your attorney will help you identify what evidence is relevant and how it can be used to challenge the prosecution’s case.

Step 4: Understand Potential Defenses

Every case is unique, but there are several common defenses to kidnapping charges that your attorney may explore, such as:

  • Consent: Demonstrating that the alleged victim agreed to go with you willingly.

  • Mistaken Identity: Proving that you were not the person who committed the offense.

  • Lack of Intent: Arguing that there was no intent to commit a crime.

  • Coercion or Duress: Showing that you were forced to act against your will.

Your attorney’s strategy will depend on the facts of your case and the evidence available.

Why Choose Frank Walker Law?

Kidnapping charges demand an attorney with experience, skill, and determination. Attorney Frank Walker has a proven track record of defending clients against serious criminal charges in West Virginia. We will thoroughly investigate your case, challenge the prosecution’s evidence, and fight for the best possible outcome.

Take Action Today

If you’ve been arrested for kidnapping in West Virginia, don’t wait to seek legal help. Contact Frank Walker Law today for a consultation. We’ll review your case, explain your legal options, and develop a defense strategy tailored to your unique situation. Your future is too important to leave to chance—let us fight for you.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.