Kidnapping Defense Lawyer in Arizona — Felony Defense Under ARS 13-1304
A kidnapping defense lawyer in Arizona defends clients accused under Arizona Revised Statutes 13-1304 of knowingly restraining another person with intent to hold for ransom, use as a shield, inflict physical injury, interfere with a governmental function, or aid in the commission of a felony. Oliverson Law DUI & Criminal Defense combines judicial, prosecutorial, and law enforcement experience across Maricopa and Mohave counties. Call (480) 582-3637 for a free case evaluation.
What Does Arizona Law Say About Kidnapping Under ARS 13-1304?
Kidnapping in Arizona is charged under Arizona Revised Statutes 13-1304. A person commits kidnapping by knowingly restraining another person with intent to one of several specified purposes — to hold for ransom, use as a shield or hostage, inflict death or physical injury, place the person in apprehension of imminent physical injury, interfere with the performance of a governmental or political function, or aid in the commission of a felony.
Kidnapping is a class 2 felony under ARS 13-1304. When the victim is voluntarily released in a safe place before arrest without physical injury, ARS 13-1304(B) reduces the offense to a class 4 felony. Where the alleged victim is under the age of fifteen, ARS 13-705 (dangerous crimes against children) applies, and the sentencing rules change significantly.
Kidnapping is a specific-intent crime. The State must prove not only restraint, but the specific purpose behind that restraint. Restraint without one of the statutory intents is not kidnapping, and that distinction is where many Arizona kidnapping cases are reduced to unlawful imprisonment under ARS 13-1303 or dismissed entirely.
What Happens After a Kidnapping Arrest in Arizona?
Arizona’s criminal process moves quickly, and the decisions made in the first 48 to 72 hours after an arrest shape the rest of the case. The exact timeline depends on the charge and the court, but most Arizona cases follow the same four stages.
Arrest and Initial Appearance
If you are arrested, Rule 4.1 of the Arizona Rules of Criminal Procedure requires that you be brought before a judge for an Initial Appearance within 24 hours. That is when release conditions — bond, own-recognizance release, or pretrial detention — are set. Having counsel in place before the Initial Appearance can directly affect the conditions the court orders.
Arraignment and Plea Entry
Felony arraignments in Superior Court and misdemeanor arraignments in city or justice court are where the charges are formally read and a plea is entered. A not-guilty plea at arraignment preserves every defense and triggers the State’s disclosure obligations under Rule 15.
Pretrial Motions and Disclosure Review
This is the stage where most criminal cases are decided. Motions to suppress evidence, motions challenging the charging instrument, and review of police reports, body camera video, and witness statements all happen here. A successful suppression motion can end a case before trial.
Resolution: Plea, Diversion, Dismissal, or Trial
Most Arizona criminal cases resolve through a negotiated plea, a diversion program, or dismissal after a successful defense motion. When trial is the right path, Rule 8 sets time limits the State must meet. Our approach is to prepare every case as if it is going to trial, because that preparation is what produces better plea offers.
How Does Our Team Build Your Kidnapping Defense?
An effective Arizona criminal defense is built around four questions: Was the State’s evidence lawfully obtained? Can the State prove every element of the charge beyond a reasonable doubt? Are there affirmative defenses or justifications that apply? And what resolution produces the best long-term outcome for the client? Every case we take is worked through this framework.
Challenging the Stop, Search, or Seizure
Fourth Amendment issues are where many Arizona criminal cases break down. Traffic stops without reasonable suspicion, searches beyond the scope of consent, and warrantless home entries without exigent circumstances all create suppression arguments under ARS 13-3925 and the Fourth Amendment.
Attacking the State’s Evidence
Chain of custody, lab testing protocols, officer credibility, body-camera gaps, and witness reliability are all challengeable. The State must prove every element of the charge beyond a reasonable doubt — breaking any single element ends the prosecution.
Raising Affirmative Defenses
Arizona recognizes self-defense under ARS 13-404, defense of a third person under ARS 13-406, defense of premises and property, necessity, duress, and mistake of fact. When the facts support it, we raise these defenses early and present them to the jury.
Negotiating From Trial-Ready Strength
Our preferred resolution is always dismissal or diversion. When a plea is the right outcome, we negotiate from the leverage created by trial preparation. Prosecutors move their offers when they see a defense that is ready to go.
Why Does Our Background Give You an Advantage?
Oliverson Law was founded in 2009 by Derek Oliverson, who brings a career spanning law enforcement, prosecution, and the judiciary. He earned his B.S. in Criminal Justice (magna cum laude) from Southern Utah University and his J.D. with a concentration in litigation from Creighton University School of Law. He was admitted to the Arizona Bar in October 2009.
Before founding the firm, Derek served as a police officer in Henderson, Nevada, worked as a criminal prosecutor in Mohave County, Arizona, and presided as a judge at both Page Magistrate Court (overseeing adjudication of 3,000+ cases annually) and Glendale City Court (starting in 2012, overseeing 40,000+ cases annually). He left the bench in 2014 to focus on criminal defense.
Attorney David Tangren is a graduate of the University of Arizona James E. Rogers College of Law where he served as Note and Comment Editor on the International and Comparative Law Journal. Before joining Oliverson Law, David was a prosecutor at the Pima County Attorney’s Office, handling cases from misdemeanors through the felony trial team in the Property and Narcotics Bureau.
Which Arizona Counties and Cities Do We Serve?
Oliverson Law handles felony kidnapping cases throughout Arizona from our main office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We appear regularly in Superior Court across Maricopa County and Mohave County.
Maricopa County (Population: 4,551,524)
Maricopa County Superior Court at 201 W Jefferson St, Phoenix handles all felony cases. Misdemeanor cases are heard in the 26 justice court precincts and municipal courts located throughout the county, including regional facilities in Mesa (222 E Javelina Ave), Surprise (14264 W Tierra Buena Ln), and North Phoenix (18380 N 40th St).
Mohave County (Population: 222,255)
Mohave County Superior Court at 415 E Spring St in Kingman handles felony cases. Our founder Derek Oliverson began his legal career as a prosecutor in Mohave County and maintains direct familiarity with the local courts and procedures.
Maricopa CountyPima CountyPinal CountyYavapai CountyMohave CountyCoconino CountyYuma CountyCochise County
Frequently Asked Questions
Under ARS 13-1304, kidnapping is knowingly restraining another person with intent for one of several specific purposes — ransom, use as a shield or hostage, to inflict death or physical injury, to place the person in apprehension of imminent injury, to interfere with a governmental function, or to aid in a felony. Kidnapping is a class 2 felony, or a class 4 felony if the person is voluntarily released in a safe place before arrest without injury.
Kidnapping under ARS 13-1304 is a class 2 felony requiring specific intent behind the restraint. Unlawful imprisonment under ARS 13-1303 is restraint without the specific-intent element and is a class 6 felony. Many Arizona kidnapping cases are reduced to unlawful imprisonment when the defense can show that the specific-intent element is not supported by the evidence.
A parent or custodian can be charged with custodial interference under ARS 13-1302 when a child is taken or kept in violation of another party’s legal custody rights. In some circumstances, kidnapping under ARS 13-1304 is also charged. These cases frequently involve concurrent family-court proceedings, and we coordinate with family-law counsel when appropriate.
Usually, yes, though bonds in felony kidnapping cases can be significant and may include GPS monitoring, no-contact orders, and travel restrictions. When the alleged victim is under fifteen and ARS 13-705 (dangerous crimes against children) applies, prosecutors sometimes seek no-bond detention, and the defense must move promptly to address release conditions.
Rule 8 of the Arizona Rules of Criminal Procedure sets time limits by which the State must bring a felony case to trial. The actual timeline depends on the complexity of the evidence, the court’s calendar, and whether the case proceeds to trial or is resolved through plea negotiation.
Oliverson Law’s team includes a former judge (Glendale City Court), former prosecutors (Mohave County and Pima County), and a former police officer. That combined experience on the charging, prosecuting, and judicial sides of Arizona criminal cases is what informs our defense strategy. We have been defending Arizona criminal charges since the firm was founded in 2009.
Arizona DUI Defense1st Offense DUIExtreme DUIAggravated DUIDUI License ConsequencesIgnition Interlock
Arizona DUI Laws & PenaltiesHow Long Does a DUI Case Take?How Much Does a DUI Lawyer Cost?First Offense DUI PenaltiesIs a DUI a Felony in Arizona?About Derek OliversonCase Results
Derek Oliverson has presided over thousands of cases from the bench, prosecuted criminal cases in Mohave County, and patrolled streets as a police officer. Now he uses that experience to defend you.
Call (480) 582-3637Or request a free consultation online