Denton County Kidnapping Lawyer | Criminal Defense Attorney

A kidnapping charge in Denton County can result in decades behind bars, lifetime registration requirements, and the permanent label of a violent felon. Under Texas Penal Code § 20.03, prosecutors treat kidnapping cases with extreme severity because they involve taking someone against their will. Even if you had no intention of harming anyone, the consequences of a conviction can follow you for the rest of your life.

If you’ve been arrested or are under investigation for kidnapping in Denton County, you’re facing one of the most serious charges in Texas criminal law. You need a Denton County defense attorney who understands both the law and how prosecutors build these cases.

What Does “Kidnapping” Mean in Texas?

People often think kidnapping only involves strangers snatching children. That’s not how Texas law defines it. Kidnapping happens whenever someone intentionally or knowingly restrains another person in a way that interferes with their liberty. The restraint has to be done by force, intimidation, or deception, and it has to be without the person’s consent.

Under Texas Penal Code § 20.03, the state must prove you acted with one of these specific intents:

• To hold the victim for ransom or reward
• To use the victim as a shield or hostage
• To facilitate the commission of a felony or fleeing after a felony
• To inflict bodily injury or violate or sexually abuse the victim
• To terrorize the victim or a third person
• To interfere with the performance of a government or political function

This means you can be charged with kidnapping even if you never demanded money. Taking your ex-spouse’s keys so they can’t leave during an argument can become kidnapping if prosecutors believe you intended to terrorize them. Driving someone to a second location during a robbery becomes kidnapping because it’s done to facilitate the commission of a felony.

Prosecutors don’t need to prove the victim was transported across state lines or held for days. Minutes can be enough if the restraint meets the legal definition.

What Are the Penalties for Kidnapping in Denton County?

Kidnapping is a third-degree felony in Texas. If convicted, you face 2 to 10 years in state prison and fines up to $10,000. That’s before considering enhancements.

The charge becomes aggravated kidnapping, a first-degree felony, if:

• The victim is under 17 years old
• You committed the offense with intent to violate or sexually abuse the victim
• You used or exhibited a deadly weapon during the offense
• The victim suffered bodily injury or was placed in imminent danger of death, bodily injury, or sexual assault

Aggravated kidnapping under Texas Penal Code § 20.04 carries 5 to 99 years or life in prison. These are 3g offenses, which means no early release, no parole until at least half the sentence is served, and mandatory registration as a sex offender in many circumstances.

Beyond prison time, a kidnapping conviction means:

• A permanent violent felony record that shows up on every background check
• Loss of voting rights while incarcerated
• Ineligibility for most professional licenses
• Difficulty finding housing or employment after release
• Possible sex offender registration depending on the facts
• Loss of gun rights for life

Judges don’t often grant probation for kidnapping. If you’re facing these charges, prison time is a real possibility unless you have an aggressive defense strategy.

What Bond Can I Expect for Kidnapping in Denton County?

Bond amounts for kidnapping charges vary widely depending on the facts of your case and your criminal history. Based on data from nearby Tarrant County, the most common bond set for basic kidnapping charges (Texas Penal Code § 20.03) was $5,000, though the average bond was significantly higher at $46,250. For aggravated kidnapping involving bodily injury (Texas Penal Code § 20.04), the average bond was $146,000.

Factors that affect your bond include:

• Whether the alleged victim is a minor
• Whether a weapon was used
• Whether anyone was injured
• Your prior criminal history
• Whether you’re considered a flight risk
• The relationship between you and the alleged victim

High bonds are common because judges view kidnapping as an inherently dangerous offense. If you have prior convictions, especially for violent crimes, expect the prosecutor to request a much higher bond or no bond at all. In Denton County, bond hearings happen quickly after arrest, so having an attorney present early can make the difference between getting out or waiting weeks in jail for trial.

Common Defenses to Kidnapping Charges

Kidnapping charges often involve situations where the facts are more complicated than the police report suggests. Prosecutors build their case around one narrative, but there’s almost always another side to the story. Strong defense strategies focus on challenging the elements the state must prove.

Lack of Intent

The state must prove you acted with one of the specific intents listed in the statute. If you restrained someone during an argument but had no intent to terrorize them or facilitate a crime, that’s not kidnapping under Texas law. Intent is difficult to prove without direct evidence like texts, recordings, or witness statements about what you planned to do.

Consent

If the alleged victim voluntarily went with you, there’s no kidnapping. Consent is a complete defense. This comes up often in domestic disputes where both parties left together but one later claims they were forced. Text messages, surveillance footage, and witness testimony can show the person left willingly.

No Restraint

The state must prove you actually restrained the person’s liberty. Blocking a door for a few seconds during an argument is different from physically holding someone down or locking them in a room. If the person could have left at any time, there’s no restraint under the law.

False Accusations

Kidnapping charges sometimes arise from custody disputes, breakups, or revenge. People lie. If someone is trying to gain an advantage in a divorce, get custody of children, or punish you for ending a relationship, we investigate their motive for making the accusation. Inconsistencies in their story, prior false reports, and evidence contradicting their timeline can dismantle the prosecution’s case.

Mistaken Identity

In stranger abduction cases, victims often identify the wrong person. Eyewitness identification is notoriously unreliable, especially under stress. We challenge identification procedures, review surveillance footage, and present alibi evidence to show you weren’t involved.

Every case is different. What works depends on the specific facts, the evidence the state has, and what witnesses are willing to say. Our job is to find the weak points in the prosecution’s case and exploit them.

What Happens After a Kidnapping Arrest in Denton County?

If you’re arrested for kidnapping in Denton County, you’ll be taken to the Denton County Jail for booking. This includes fingerprints, photographs, and a criminal background check. Bond is typically set within 24 to 48 hours, either by a magistrate or during a formal bond hearing.

After bond is set and you’re released (if you can post bond), the case moves through several stages:

1. Arraignment

You’ll appear before a judge who reads the charges and asks how you plead. This is not the time to explain your side of the story. Your attorney enters a not guilty plea on your behalf, and the judge sets future court dates.

2. Discovery

Your attorney requests all evidence from the prosecution. This includes police reports, witness statements, body camera footage, 911 calls, text messages, and any physical evidence like surveillance video or DNA. We review everything to identify inconsistencies, procedural errors, and weaknesses in the state’s case.

3. Pre-Trial Motions

Before trial, we file motions to suppress illegally obtained evidence, dismiss charges that lack sufficient evidence, or challenge the credibility of witnesses. Winning a motion to suppress can eliminate key evidence the state needs to convict you.

4. Plea Negotiations

Most cases resolve through negotiation. We present mitigating evidence, challenge the state’s narrative, and push for reduced charges or dismissal. If the evidence is weak, prosecutors may agree to drop the charge entirely. If not, we negotiate for the least damaging outcome possible.

5. Trial

If negotiations fail, the case goes to trial. The state must prove every element of kidnapping beyond a reasonable doubt. We cross-examine their witnesses, present our own evidence, and argue reasonable doubt to the jury. A single juror who believes you’re not guilty results in a hung jury and mistrial.

Real Case Example: Denton County Aggravated Assault Reduced to Deadly Conduct

In October 2025, our firm represented a client facing a second-degree aggravated assault with a deadly weapon charge in Denton County. Prosecutors alleged the client threatened another person with a weapon during an altercation. If convicted, the client faced 2 to 20 years in prison.

After reviewing the evidence, we identified weaknesses in the state’s case. Witness statements were inconsistent, and there was no physical evidence proving our client intended to cause serious harm. We negotiated with the District Attorney’s Office and secured a plea to the lesser charge of Class A deadly conduct with 24 months of deferred adjudication probation. This kept our client out of prison and avoided a felony conviction on their record.

The case shows how important it is to challenge the state’s narrative early and aggressively. Prosecutors often overcharge based on initial police reports, but when the facts don’t support the charge, we push back.

If you’re ready to start building your defense, schedule a free consultation with our Denton County criminal defense team.

What to Expect From Varghese Summersett

We’ve handled hundreds of serious felony cases across Texas, including kidnapping, aggravated kidnapping, and unlawful restraint charges. Our attorneys have secured dismissals, charge reductions, and not guilty verdicts in cases where clients faced decades in prison.

When you hire us, here’s what happens:

• Immediate action. We start investigating your case right away. That means interviewing witnesses, requesting surveillance footage before it’s deleted, and filing bond motions if you’re still in custody.
• Honest assessments. We don’t sugarcoat the situation. If the evidence is bad, we tell you. If we see a path to dismissal or acquittal, we explain how we’ll get there.
• Aggressive negotiation. We challenge weak evidence, expose procedural errors, and push prosecutors to reduce or drop charges. Many of our cases never go to trial because we resolve them favorably during negotiations.
• Trial preparation. If your case goes to trial, we prepare like we’re going to trial from day one. That means deposing witnesses, hiring expert witnesses when needed, and building a defense strategy that creates reasonable doubt.

Our team includes former prosecutors, board-certified criminal defense attorneys, and lawyers who have tried hundreds of felony cases. We know how Denton County prosecutors operate, what defenses work in this jurisdiction, and how to protect your rights at every stage of the process.

Frequently Asked Questions

Can I be charged with kidnapping if the person went with me willingly at first?

Yes. Kidnapping can occur even if the person initially consented to go with you. If they later changed their mind and you prevented them from leaving, that’s restraint without consent. Consent must be ongoing. If someone asks to leave and you block the door, take their keys, or physically prevent them from walking away, you can be charged with kidnapping.

What’s the difference between kidnapping and unlawful restraint?

Unlawful restraint is a lesser charge that involves restricting someone’s movement without one of the specific intents required for kidnapping. For example, if you physically held someone back during an argument but had no intent to facilitate a crime or terrorize them, that’s unlawful restraint, not kidnapping. Unlawful restraint is a Class A misdemeanor unless the victim is under 17, in which case it’s a state jail felony. Kidnapping is always a felony.

Can kidnapping charges be dropped if the alleged victim recants?

It’s possible, but not guaranteed. Prosecutors can still move forward even if the alleged victim no longer wants to press charges. They may argue the victim is being intimidated or coerced into recanting. However, a recantation does weaken the state’s case significantly, especially if there’s no other corroborating evidence. We use recantations to push for dismissal or negotiate reduced charges.

Will I have to register as a sex offender if convicted of kidnapping?

It depends. If the kidnapping was committed with intent to violate or sexually abuse the victim, you may be required to register as a sex offender under Texas law. This applies even if no sexual assault actually occurred. Sex offender registration lasts 10 years to life depending on the specifics of your conviction. This is why it’s critical to challenge these charges early.

What should I do if police want to question me about a kidnapping?

Do not answer questions without an attorney present. Police are trained to extract incriminating statements, even from innocent people. You have the right to remain silent. Use it. Tell them you want to speak with a lawyer and stop talking. Anything you say can and will be twisted to support the prosecution’s theory of the case. Call us immediately at (817) 203-2220 before speaking to investigators.

Don’t Wait to Protect Your Rights

Kidnapping charges don’t disappear on their own. Every day you wait is a day the prosecution builds a stronger case against you. Witnesses forget details that could help your defense. Surveillance footage gets deleted. Evidence disappears.

We’ve secured dismissals, acquittals, and reduced charges in cases where clients faced life sentences. We’ve challenged illegal searches, exposed false accusations, and forced prosecutors to drop charges when the evidence didn’t support their claims. But we can only help if you call us before it’s too late.

If you’ve been arrested or are under investigation for kidnapping in Denton County, call (817) 203-2220 for a free consultation. Your first conversation with us is confidential, and you’ll leave with a clear understanding of your options and the best path forward.