John Crangle, a criminal defense lawyer, serves clients throughout the 13th Judicial Circuit. He handles severe violent felonies, including kidnapping charges, and is knowledgeable about how Greenville County’s Solicitor’s Office prosecutes these cases. If you’re facing this charge, it’s essential to act immediately.
Over 1000 Clients Represented
You need an experienced attorney. John has tried more than a dozen cases to jury verdict as lead defense attorney. He knows what a good resolution of your case is, and more importantly what a bad resolution is.
“Mr. Crangle did a great job in handling my legal issue. Quick, polite, easy to work with, and affordable. Definitely would recommend!”
Vincent D“100% recommend John for any ongoing case. He got my case dismissed. Best criminal defense in the upstate.”
Johnathan MUnderstanding Kidnapping in South Carolina
South Carolina’s law, S.C. Code § 16-3-910, defines kidnapping broadly. It involves unlawfully seizing, confining, or carrying away any person by any means without legal authority.
This definition covers a range of actions. You don’t need to hold someone for ransom or transport them across state lines. Even a brief restraint without consent and legal authority can constitute kidnapping in South Carolina.
The law does have an exception when a parent takes their own minor child, but this exception doesn’t apply if both parents have custody rights and one violates a custody order.
Inveigling and decoying refer to kidnapping through trickery rather than force. If someone lures another into a vehicle or building under false pretenses and restrains them, it’s considered kidnapping just as much as using physical force.
Conspiracy to kidnap, outlined in S.C. Code § 16-3-920, is a separate charge. If two or more people plan to kidnap someone and one takes any overt action toward that plan, all can be charged, even if a kidnapping doesn’t occur.
Kidnapping often accompanies other serious crimes. It’s not uncommon to see it charged alongside Assault and Battery 1st Degree, ABHAN (Assault & Battery High and Aggravated Nature), or domestic violence when someone is detained during an incident.
Penalties for Kidnapping in Greenville, SC
Kidnapping is a felony under S.C. Code § 16-3-910, carrying a maximum sentence of 30 years in state prison.
Sentencing in kidnapping cases in Greenville County depends on a range of factors the court considers at the sentencing hearing. These include the duration of the confinement, the level of force or coercion used, the age and vulnerability of the victim, whether the victim suffered physical or psychological harm, whether the defendant had a prior criminal record, and whether the kidnapping was committed in conjunction with another serious offense. Judges in the 13th Judicial Circuit have wide discretion within the 30-year maximum, but because kidnapping is a violent offense under S.C. Code § 16-1-60, there are restrictions on early release. A defendant convicted of kidnapping must serve at least 85% of the sentence imposed before becoming eligible for any release consideration. It’s classified as a “most serious offense” under South Carolina’s sentencing guidelines, meaning a person with a prior similar conviction could face mandatory life without parole.
A surprising consequence of a kidnapping conviction: automatic placement on the South Carolina Sex Offender Registry. A judge can rule that the kidnapping wasn’t related to a sexual offense, potentially removing this requirement, but if the victim is under 18, registration is mandatory, regardless of the offense’s nature.
Kidnapping also affects non-citizens’ immigration status, can lead to federal charges if state lines are crossed, and invokes the Lindbergh Act’s federal law if the victim is taken across state lines.
South Carolina’s habitual offender law, S.C. Code § 17-25-45, includes kidnapping alongside serious felonies like murder and armed robbery, which can trigger life without parole when combined with past convictions.
How Kidnapping Cases Are Handled in Greenville County
The 13th Judicial Circuit’s Solicitor’s Office manages kidnapping cases in the Court of General Sessions.
Greenville County prosecutors approach kidnapping charges with significant resources. Because the charge is a violent offense carrying up to 30 years, the Solicitor’s Office typically assigns experienced prosecutors and invests in thorough evidence preparation. Grand jury indictments are the standard path for kidnapping cases, meaning the charge is reviewed by a panel of citizens before it formally proceeds. In cases where the alleged kidnapping overlapped with a domestic incident, the Solicitor’s Office will often coordinate with Family Court to ensure any concurrent protective order proceedings do not conflict with the criminal case. Defendants should expect a no-bond or very high bond at the initial appearance, and the court will consider the seriousness of the offense, any prior record, ties to the community, and flight risk when setting conditions. These cases often start with an arrest following a complaint, and prosecutors will aim for a no-bond or high-bond status due to the serious nature of the charge.
Prosecutors build kidnapping cases through victim testimonies, witness reports, cell phone data, surveillance video, and physical evidence. In domestic violence scenarios, kidnapping charges can arise from allegations like not allowing someone to leave a home or blocking an exit.
The statute’s broad language often adds kidnapping to cases with other primary charges. Prosecutors might charge kidnapping alongside Assault and Battery to increase pressure during plea negotiations or secure a harsher sentence.
Defense Strategies for Kidnapping
Consent: If the alleged victim agreed to be in the location, or willingly accompanied the defendant, this isn’t kidnapping. Consent can be proven via text messages, witness statements, or other evidence.
Parental Rights: In cases involving a parent’s own minor child, the parental exception in § 16-3-910 might apply. Custody orders complicate this, making a careful legal analysis necessary.
Insufficient Duration: South Carolina law doesn’t set a minimum time for kidnapping, but brief, incidental restraint, especially if related to another charge, might argue against a kidnapping charge. Jury instructions and case law can support this argument.
Misidentification: If the case depends on eyewitness identification, scrutinize the procedures and reliability of these identifications.
Lack of Knowledge or Intent: In conspiracy cases, the State must prove you knowingly participated and took an action. Challenging the proof of genuine agreement is a viable strategy.
Constitutional Challenges: Statements made in violation of Miranda or evidence obtained through unlawful searches must be challenged with suppression motions.
The Violent Crimes Lawyer experience John Crangle has allows him to apply both technical legal defenses and practical courtroom strategies specific to Greenville County.
Why You Need a Kidnapping Lawyer in Greenville
With a possible 30-year sentence and mandatory Sex Offender Registry listing, kidnapping is among South Carolina’s most significant charges. Even first-time offenders can face lengthy imprisonment depending on the circumstances.
Your statements to police post-arrest can severely impact your defense. The charge may be lodged alongside a no-bond status, limiting your freedom as your case progresses. Immediate involvement by your attorney is crucial to securing a fair bond, preserving evidence, and forming a defense before the State solidifies its position.
If your case includes Domestic Violence allegations, your defense must simultaneously address both the kidnapping and CDV charges. John Crangle regularly handles cases with overlapping charges.
An Attempted Murder charge can accompany kidnapping if a victim is harmed during the act, requiring a coordinated defense from the start.
Contact John Crangle promptly for a confidential consultation. Every hour is crucial in a kidnapping case.