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Kidnapping Charges and Penalties in Michigan

Kidnapping Charges

A 13-year-old boy had been missing since late Tuesday night from Detroit’s east side. As of Thursday morning, Deontae Mitchell was still missing, but officials have arrested the man suspected to have been the one who kidnapped the boy – Gregory Walker.

Deontae Mitchell was last seen with his cousin around 11:15 p.m. Tuesday night outside of Nino’s Market in Detroit, according to police. The two rode to the market on their bicycles and witnessed an intoxicated male drop money while he was urinating outside the store. The boys must have seen that the man had dropped seventy dollars.

According to Deontae’s cousin, Deontae picked up the money, and the pair rode away from the market.

It was the surveillance video that was located at the market that showed the suspect, armed with a silver hand gun, pursuing one or both of the boys.

Detroit Police Chief James Craig, stated, “The suspect grabbed his arm forced him into the rear passenger side.”

It is still unclear if the kidnapping has anything to do with the boys stealing the money. Regardless, of the reason for the kidnapping, the State of Michigan takes these charges seriously and the boys stealing the money does not give the kidnappers the right to abduct one of them. The punishment will still be the same.

Kidnapping Defined

According to the Michigan Penal Code Section 750.349, a person commits the offense of kidnapping if he or she knowingly restrains another person with the intent to do any of the following:

  • Hold that person for ransom or reward
  • Use that person as a shield or hostage
  • Engage in Criminal sexual penetration or criminal sexual contact with that person.
  • Take that person out of Michigan
  • Hold that person in involuntary servitude.

Kidnapping a Child

According to the Michigan Penal Code (750.350), a person who maliciously, forcibly, or fraudulently leads or entices a child under the age of 14 with the intent to detain or conceal the child from a parent or legal guardian can be found guilty of a felony and punished to life in prison.

Kidnapping Your Own Child

When the kidnapper is a natural or adoptive parent and takes or retains his or her child from the other parent or legal guardian of the child who has the legal custody, for more than 24 hours, the parent can still be found guilty of a felony and find themselves in prison. If you have been accused or investigated for kidnapping your own child, seek legal advice today.

Punishment of Kidnapping  in Michigan

In the State of Michigan, a person whom is guilty of committing the crime of kidnapping is guilty of a felony and punishable by imprisonment for life or any term of years or a fine of not more than $50,000.00, or both.

Seek Legal Advice

If you are facing kidnapping or abduction charges, seek experienced legal advice. Michigan takes these charges seriously, and you want to make sure you are represented fair. We work hard for our clients to ensure that they do not ever have to serve unjust charges. Without representation, it is possible to find yourself paying charges, and experiencing jail time for and receiving a wrongful conviction.  Please contact our office today.

248-348-7400 or 586-530-1000

Postscript
In a heartbreaking turn of events, the Detroit Free Press reports that the body of Deontae Mitchell was found in a field on Detroit’s east side on Thursday. The main suspect, Gregory Walker, has been arrested.

This article was published on: June 3, 2016 and was last modified June 3, 2016