A man and woman who are allegedly engaged were recently charged with aggravated kidnapping and aggravated robbery. The allegations are that they tied up their victim with duct tape, choked him with a shoe lace, and held him captive for about 12 hours. The evidence that led authorities to the man and woman included clothing left at the scene with identifying information, facebook posts, pictures, and testimony from the victim. There is some significant circumstantial evidence, but will it be enough for the prosecutors?
What’s Required to Prove Aggravated Kidnapping in Utah?
In order to obtain a conviction for aggravated kidnapping against the defendants the district attorney will have to prove beyond a reasonable doubt that while the defendants were committing a kidnapping or unlawful detention the defendants possessed, used, or threatened to use a dangerous weapon on the victim or that the defendants acted with intent to hold the victim for ransom or reward, or as a shield or hostage, or to compel a third person to engage in particular conduct or to forbear from engaging in particular conduct; to facilitate the commission, attempted commission, or flight after commission or attempted commission of a felony; to hinder or delay the discovery of or reporting of a felony; to inflict bodily injury on or to terrorize the victim or another; to interfere with the performance of any governmental or political function; or to commit a sexual offense.
The allegations here are that the defendants choked the victim with a shoe lace to the point of losing consciousness. If that were indeed true and if there is enough evidence to prove that beyond a reasonable doubt, then such act would satisfy the prong of aggravated kidnapping of acting with intent to cause the victim bodily injury. Likewise, the allegations are that the defendants forced the victim to write a check, and they allegedly stole the victim’s phone, laptop, jewelry, and coats. Thus, if their is enough evidence that they committed robbery then that will satisfy the statute that the kidnapping should be considered aggravated.
Finally, the defendants were alleged to have held the victim at knife point, which if true would satisfy the prong of the statute which requires the use of a dangerous weapon.
The defendants here are in a real bind because aggravated kidnapping has a minimum of 15 years in prison if convicted.
What’s Required to Prove Aggravated Robbery?
The defendants are also being charged with aggravated robbery. In order to prove the defendants committed an aggravated robbery they will have to show that the defendants committed robbery and while doing so they used or threatened to use a dangerous weapon, caused serious bodily injury to the victim, or took or attempted to take a car, truck, etc. Here, the defendants are alleged to have used a knife to hold the victim and they allegedly choked him. If true, those facts satisfy an aggravated robbery.
Those defendants need to lawyer up and there’s nobody better that the Criminal Defense at Salcido Law Firm for these type of charges. If you are in need of a criminal defense attorney, call us at 801.413.1753.