Kidnapping Criminal Defense Attorney in Wilmington
Serious Felony Defense Backed by Nearly a Decade of Prosecutorial Experience
Every kidnapping charge in North Carolina is a felony. There is no misdemeanor version of this offense, and a conviction carries the possibility of years in prison under the state’s structured sentencing grid. If you or someone you care about has been charged in Wilmington, NC, or the surrounding counties, the time to act is now.
Whitley Coleman, PLLC defends clients facing kidnapping charges throughout New Hanover, Brunswick, and Pender Counties. Our offices are in Wilmington and Bolivia, North Carolina, and we handle these cases in Superior Court, where all felony matters are heard.
A kidnapping charge moves fast through the system. Call us at (910) 218-9973 to schedule your free consultation and start building a defense today.How We Defend Kidnapping Charges
John Coleman spent nearly ten years as a prosecutor before joining the firm and served as the former Chairman of the Carolina Beach Police Advisory Committee. That background means we understand how the State builds kidnapping cases and what the prosecution looks for before going to trial. We use that knowledge to identify weaknesses in the evidence before they become problems at the courthouse.
When the stakes are high, both Jessica Whitley Coleman and John Coleman work the case together. That dual-attorney approach means every defense avenue gets examined, not just the obvious ones. We have a track record of securing dismissals of felony charges, and we bring that same commitment to every client facing serious violent-crime allegations.
Facing a felony charge is one of the most stressful situations a person can encounter. Our clients consistently describe being kept informed at every stage and receiving prompt responses from our team. Read what they have to say about working with us on serious criminal matters.
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“They are a family company you can trust with many years of proven experience and knowledge to work for you.”- Eleanor S.
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“I wish I could give more stars because they deserve a 10 with the ease of service!”- Marcia H.
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“I received a call back from Whitley Coleman within an hour from leaving a message for them.”- Brandon M.
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“I couldn’t be more pleased with the service I received.”- Craig K.
Give us a call at (910) 218-9973 or contact us online.
North Carolina Kidnapping Degrees & Penalties
North Carolina General Statute 14-39 defines kidnapping as unlawfully confining, restraining, or removing a person 16 or older without their consent, or a person under 16 without the consent of a parent or legal custodian. The charge is graded as either first or second degree, and the difference carries significant sentencing consequences.
First-Degree Kidnapping: Class C Felony
First-degree kidnapping applies when the victim was seriously injured, sexually assaulted, or was not released in a safe place. It is graded as a Class C felony. The base sentencing range runs from 44 to 182 months, though the actual sentence depends on the defendant’s prior record level and any aggravating or mitigating factors the court finds.
Second-Degree Kidnapping: Class E Felony
When the victim was released safely and was not injured or sexually assaulted, the charge may be graded as second-degree kidnapping, a Class E felony with a base sentencing range of 15 to 63 months. Safe release is a meaningful distinction in how these cases are resolved, and it’s one of the first facts we examine.
What the State Must Prove & Common Defenses
A kidnapping conviction requires the State to prove that the confinement, restraint, or removal served one of the following purposes:
- Holding the person for ransom, as a hostage, or as a shield
- Facilitating another felony or the flight from one
- Doing serious bodily harm to or terrorizing the person
- Holding them in involuntary servitude or trafficking them
Proving purpose is often where kidnapping prosecutions face the most difficulty. Common defenses include consent by the alleged victim, parent, or legal guardian; lack of intent; lawful authority over the person; and legal justification or excuse. We examine every element the prosecution must establish and build a defense around what the evidence actually supports.
Related Offenses: Felonious Restraint & Child Abduction
Not every charge that sounds like kidnapping is kidnapping under North Carolina law. Two related offenses come up frequently in these cases, and understanding the distinction shapes how we approach the defense.
Felonious Restraint
Felonious restraint is a Class F felony, less serious than kidnapping but still a significant charge. It’s the offense many people have in mind when they informally use the word kidnapping. The distinction between the two often turns on the specific purpose alleged by the State, which is why the prosecution’s theory of the case drives our defense strategy from the start.
Child Abduction (G.S. 14-41)
Child abduction is a separate Class F felony that applies when a person without legal justification abducts or induces a child at least four years younger than themselves to leave someone with lawful custody. The base sentencing range is 10 to 41 months, with the final sentence determined by the structured sentencing grid and prior record level. This charge appears in custody disputes and other situations that differ substantially from stranger-abduction scenarios.
Where Wilmington Kidnapping Cases Are Heard
Felony kidnapping charges in New Hanover County are heard in Superior Court at the New Hanover County Courthouse in Wilmington, NC. District Court handles misdemeanors and infractions; all kidnapping and related felony charges go to Superior Court. New Hanover County falls within North Carolina Prosecutorial District 6, which also covers Pender County. We practice regularly in this courthouse and know how these cases move through the local system.
Start Your Defense with a Free Consultation
A kidnapping charge demands an immediate response. We offer a free initial consultation, and our counsel is available 24/7. The sooner we can review the facts of your case, the more options we can put on the table.
Call (910) 218-9973 to speak with a kidnapping defense lawyer today. We serve clients in Wilmington and throughout New Hanover, Brunswick, and Pender Counties in North Carolina.
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