Milwaukee Kidnapping Defense Attorney

Serious Felony Defense Built on the Facts of Your Case

A kidnapping charge under Wisconsin law is among the most severe violent felonies a person can face. Under Wis. Stat. 940.31, kidnapping involves intentionally carrying away or confining another person without their consent through force, threats, or deceit, with intent to secretly confine them, hold them for service, or transfer them out of state. Even before formal charges are filed, an arrest alone can damage your employment, your reputation, and your personal relationships. That’s why retaining a Milwaukee kidnapping criminal defense attorney as early as possible matters.

At The Law Offices of Jason D. Baltz, I represent clients facing kidnapping and related violent crime charges in Milwaukee and throughout Wisconsin. I don’t apply a templated approach to serious felony cases. Every kidnapping case I take gets a thorough, independent investigation grounded in its specific facts. If you’re facing these charges, call me today to schedule your free initial consultation: (414) 375-0797.

Wisconsin Kidnapping Penalties Under Wis. Stat. 940.31

Wisconsin law divides kidnapping penalties into two tiers based on the circumstances of the offense. Where your charge falls shapes the defense from the start.

Class C & Class B Felony Tiers

The base charge is a Class C felony, punishable by up to 40 years in prison and fines up to $100,000. This applies in most kidnapping situations involving unlawful confinement or carrying a person away by force, threats, or deceit. If the offense involved a demand for property in exchange for the victim’s release, the charge escalates to a Class B felony, carrying up to 60 years in prison. One meaningful exception: if the defendant releases the victim without permanent physical injury before the first witness is sworn at trial, the charge may return to Class C classification.

Related Charges That May Apply

Kidnapping isn’t the only charge that can arise from these facts. Two closely related offenses carry their own serious consequences:

• Child abduction (Wis. Stat. 948.30): Taking or detaining a child who isn’t your own by birth or adoption for an unlawful purpose is a Class E felony (up to 15 years, fines up to $50,000). Using force or threats elevates it to a Class C felony.
• Interference with custody: Denying another parent their legal custody rights for 12 or more hours, or violating a custody order, can be a Class F felony or a Class I felony depending on the circumstances and the relationship of the person to the child.

Aggravating factors, such as use of a weapon or a concurrent sexual assault charge, can further affect sentencing beyond the base felony classification. The stakes at every tier are severe enough that building a defense from day one is critical.

Defense Strategies in Milwaukee Kidnapping Cases

Kidnapping charges are prosecuted aggressively in Milwaukee, and the prosecution carries the burden of proving every element beyond a reasonable doubt. Intent, consent, and the defendant’s identity are all elements that can be contested. My investigation examines each of them before any strategy is set.

Depending on the facts, defenses I evaluate include:

• Lack of intent: Intent to secretly confine or deny the alleged victim their freedom is a required element under Wis. Stat. 940.31. If that intent can’t be established, the charge may not hold.
• Consent: If the alleged victim agreed to go with the defendant, the without-consent element of the statute is directly undermined.
• Mistaken identity: Evidence may establish that the defendant wasn’t the person who committed the act alleged. Eyewitness identification is far from infallible.
• Safety of a child: In custody-related cases, a parent may demonstrate a reasonable belief that the child faced physical harm or sexual assault, or that they were leaving an abusive situation.
• Constitutional violations: Statements taken without proper Miranda warnings, or evidence gathered through an unlawful search or seizure, may be subject to suppression and can significantly weaken the prosecution’s case.
• Challenging the evidence: Inconsistencies in the alleged victim’s account, weak witness identification, or an absence of physical evidence are all avenues my investigation pursues.

I’ve defended hundreds of criminal cases in Wisconsin courts and know how prosecutors in Milwaukee build and present kidnapping charges. That experience shapes how I investigate, how I identify procedural violations, and how I decide whether to challenge evidence or negotiate on your behalf.

Why Clients Facing Kidnapping Charges Retain My Firm

No two kidnapping cases are the same. The relationship between the parties, the circumstances of the alleged confinement, any custody arrangements involved, the presence or absence of physical evidence, and what was said during police questioning all affect what defenses are available. I don’t impose a one-size-fits-all strategy on a charge this serious.

A kidnapping conviction carries consequences far beyond prison time. Employment, housing, and professional licensing can all be affected for years after a sentence is served. I take a proactive approach from the start: gathering evidence before it disappears, interviewing witnesses while their accounts are fresh, and evaluating every applicable charge and sentencing factor. My firm is respected by the bar and by fellow counsel across Wisconsin, and no charge is too serious for me to take on.