New Orleans Criminal Defense Attorney
I composed a lengthy post explaining Louisiana Kidnapping Laws – Look Here!
Affirmative Defense to Kidnapping
The only affirmative defense available for a Kidnapping Charge is Coercion, Duress, or Compulsion. These generally refer to situations in which a defendant charged with a crime asserts that she committed the offense under a threat from another person to do harm to the defendant if the defendant did not commit the crime.
The defense of duress is available when the defendant is coerced to engage in unlawful conduct by the threat or use of unlawful physical force of such degree that a person of reasonable firmness could not resist.
To establish a defense of duress or coercion, a defendant must show she was under an unlawful threat of such nature as to induce an apprehension of death or serious bodily injury.
If you or a love one is facing a kidnapping charge, contact the Law Office of Elizabeth B. Carpenter, Esq. for a consultation. We will fight for your rights!