Kidnapping Attorney

Serving Wyoming & South Dakota

Kidnapping accusations in Wyoming and South Dakota expose a person to some of the most serious penalties in the criminal system. A single allegation can place your freedom, your family relationships, and your future employment at risk. If you or someone you care about has been arrested or is under investigation, you need to understand what is happening and how a kidnapping criminal defense attorney Gillette can help protect your rights.

People in this situation are often terrified, confused, and unsure whom to trust. You may be wondering whether you should talk to law enforcement, how soon you will see a judge, and whether there is any realistic path to limiting the damage. Family members may be trying to help from the outside, but they may not know where to start or what information matters most.

Just Criminal Law defends clients across Wyoming and South Dakota, providing experienced, strategic representation in complex kidnapping cases. We understand how law enforcement investigates these charges, how prosecutors build their cases, and how to identify weaknesses that can lead to reduced charges, dismissals, or acquittals.

Contact us today at (307) 300-2240 to request a personalized case review.

What Is Kidnapping?

Kidnapping generally involves unlawfully restraining, confining, abducting, or transporting another person against their will. These cases often arise from highly emotional situations, misunderstandings, or disputes involving family members, romantic partners, or custody disagreements. However, prosecutors treat all kidnapping allegations seriously—regardless of intent.

Kidnapping charges may involve:

• Allegations of force, threats, or deception
• Movement of a person from one location to another
• Detention for ransom, intimidation, or another alleged purpose
• Claims involving minors, which can significantly increase penalties

Wyoming Kidnapping Laws & Penalties

Under Wyoming Statutes § 6-2-201, kidnapping occurs when a person unlawfully removes or confines another person with specific intent, such as holding them for ransom, facilitating a felony, or inflicting bodily harm or terror.

Potential Penalties in Wyoming

Kidnapping is typically charged as a felony, and penalties may include:

• Life imprisonment in the most severe cases
• Lengthy prison sentences even without physical injury
• Substantial fines
• Enhanced penalties when the alleged victim is a minor

Wyoming law also recognizes lesser-included offenses, such as unlawful restraint, depending on the facts of the case. Our experienced defense attorney can argue that the prosecution has overcharged the offense or failed to prove the required intent.

South Dakota Kidnapping Laws & Penalties

South Dakota defines kidnapping under SDCL § 22-19-1, which involves unlawfully seizing, confining, or carrying away another person by force, threat, or deception.

Potential Penalties in South Dakota

Kidnapping is often charged as a Class 1 or Class 2 felony, depending on the circumstances. Penalties may include:

• Up to life in prison
• Mandatory minimum prison sentences in aggravated cases
• Significant fines
• Additional charges if bodily harm, sexual assault, or a weapon was involved

South Dakota prosecutors pursue these cases aggressively, especially when minors are involved or when the allegation includes interstate movement.

Common Defenses to Kidnapping Charges

Every kidnapping case is fact-specific. At Just Criminal Law, we analyze every detail to build a strong defense strategy, which may include:

• Lack of intent – Kidnapping requires specific intent; misunderstandings or lawful actions may not qualify
• Consent – If the alleged victim consented to the movement or confinement, the charge may not stand
• False accusations – These cases sometimes arise from custody disputes or personal conflicts
• Insufficient evidence – Prosecutors must prove every element beyond a reasonable doubt
• Constitutional violations – Illegal searches, seizures, or interrogations can lead to suppressed evidence

Our Gillette kidnapping lawyer knows how to challenge both the facts and the procedures used by law enforcement.

FAQs About Kidnapping in WY & SD

Is kidnapping always a felony?

In both Wyoming and South Dakota, kidnapping is generally charged as a felony. However, the severity of the charge and penalties depends on factors such as intent, duration, use of force, and whether the alleged victim is a minor.

Can a parent be charged with kidnapping?

Yes. In certain circumstances—especially when violating custody orders or parental rights—a parent may face kidnapping or custodial interference charges.

What if no one was physically harmed?

Even without physical injury, kidnapping charges can still carry severe penalties. Harm is not required if prosecutors can prove unlawful restraint or movement with the required intent.

How long do kidnapping cases take?

The timeline varies depending on complexity, evidence, and whether the case goes to trial. Some cases resolve in months, while others may take a year or longer.

Should I talk to police if I’m accused?

It is strongly recommended that you speak with our kidnapping defense attorneys before making any statements. Anything you say can be used against you.

Schedule a Personalized Consultation Today

If you or a loved one is facing a kidnapping charge, you do not have to navigate the process alone.Our firm can help you understand your options, protect your rights, and work with you to pursue the most favorable outcome the circumstances allow.

Call (307) 300-2240 to speak with our team about your case.