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  1. #1
    Join Date
    Mar 2011
    Posts
    28

    Default State or Federal Kidnapping Charges

    My question involves criminal law for the state of: NC
    If while under a domestic violence order from another state my former partner came to NC (across at least one state line) with weapons and held me hostage, does that make this a federal kidnapping charge? The reason I ask is that there is far more to this story and many other charges pending but I don't want to post too much info to avoid being identified but if a plea bargin is reached on all the state charges and the sentencing is not enough (20 years or less) that I'm not to worry as the federal charges are mounting up and they will be brought. I know that his being in possession of the weapons was a violation of the order, being in my presence was a violation of the order, etc and that there are federal domestic violence laws that apply but they don't seem to have much bite to the sentence and I worry that he could get out and try again to kill me and not lose his nerve the next time. Thanks for your answer.

  2. #2

    Default Re: State or Federal Kidnapping Charges

    Unless he took YOU across state lines, then no, it's a matter for the NC courts.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,082

    Default Re: State or Federal Kidnapping Charges

    Federal jurisdiction over kidnapping cases is summarized here.

  4. #4
    Join Date
    Mar 2011
    Posts
    28

    Default Re: State or Federal Kidnapping Charges

    Thanks both of you for your quick answers. So, the only possibility for Federal charges would be the domestic violence charges relating to him violating the order, posessing weapons while subject to the order and bringing those across state lines? That is my understanding from the local police dept but I'm not convinced that that would add enough time to a 20 year plea deal to keep him in jail for the balance of his life (he is 47.)

    Currently potential sentences are 150 years, 150 years, life, life without parole for the highest of the state charges. There are many smaller charges which involved months or days of time. .

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