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Kidnapping

Kidnapping Defense Lawyer in Georgetown, TX

Former Prosecutors On Your Side

Winters & Chidester represents clients facing state and federal criminal charges in Georgetown, Texas, and throughout the surrounding area. Our firm handles the full range of kidnapping and related offenses under Texas Penal Code Chapter 20.

A kidnapping accusation carries some of the most serious consequences in Texas criminal law. Whether the charge is a third-degree felony under Section 20.03 or an aggravated kidnapping allegation that could mean life in prison, the stakes demand a defense attorney who understands how the state builds and proves these cases. At Winters & Chidester, that's what you get. 

  • Attorney James Winters prosecuted aggravated kidnapping as a felony prosecutor in the Travis County District Attorney’s Office Family Violence Division before co-founding Winters & Chidester. His background shapes how we approach every kidnapping defense we take on.
  • Attorney Veronica Chidester served as chief prosecutor in the domestic violence division and later in the special prosecution division at the Travis County District Attorney’s Office, where her work focused on family violence cases

Together, we bring direct prosecutorial insight into how these charges are investigated, filed, and tried.

 We know which evidence the state relies on, how witnesses are prepared, and where cases tend to be weaker than the charging document suggests. We apply that knowledge to thorough case preparation, whether the case is heading to trial or toward negotiation. 

Our firm provides legal services in both English and Spanish, and clients receive counsel tailored to their specific circumstances rather than a one-size-fits-all approach.

If you or someone you know is facing a kidnapping accusation in Texas, contact Winters & Chidester now at (512) 961-4555 for a free consultation.

Kidnapping vs. Aggravated Kidnapping Under Texas Law

Texas Penal Code Section 20.03 defines kidnapping as intentionally or knowingly abducting another person. “Abduct” means restraining a person with intent to prevent their liberation, either by hiding or holding them somewhere they’re unlikely to be found, or by using or threatening deadly force. 

A standard kidnapping conviction is a third-degree felony carrying two to ten years in prison and a fine up to $10,000.

Aggravated kidnapping under Section 20.04 elevates the charge to a first-degree felony, punishable by five to 99 years or life in prison. A charge can be elevated if the abduction involves holding someone for ransom, using them as a shield or hostage, facilitating another felony, inflicting bodily injury or sexual abuse, or using or exhibiting a deadly weapon. One limited exception: if the accused voluntarily released the victim in a safe place, the offense may be treated as a second-degree felony rather than a first-degree felony, depending on the facts.

Potential Defenses to a Kidnapping Charge in Texas

The prosecution must prove every element of abduction and the required mental state beyond a reasonable doubt. This includes establishing that the accused acted intentionally or knowingly and that the restraint met the legal definition of abduction. 

Texas law also provides a statutory affirmative defense in certain circumstances. If the accused didn’t use or threaten deadly force, was a relative of the person allegedly abducted, and acted solely to assume lawful control of that person, the affirmative defense may apply. 

Depending on the facts, a kidnapping charge can also potentially be reduced to unlawful restraint, a distinct offense with its own lower penalty range.

Speak with a Georgetown, TX Defense Attorney Today

Kidnapping and aggravated kidnapping charges move quickly once filed. Early representation can give us the opportunity to review the evidence, identify weaknesses in the state’s case, and build a strategy before critical decisions are made.

Winters & Chidester offers a free consultationsand can be reached by phone at (512) 961-4555 or through the contact form on this site. We represent clients in Georgetown, Williamson County, and surrounding Texas communities.

Real People. Real Wins.

Review Some of Our Results to See for Yourself What We’ve Worked to Achieve

As Georgetown criminal attorneys, we recognize the importance of what we do. Our goal is to help our clients face brighter futures, all while protecting their constitutional rights to the fullest. We couldn't be more proud of the people we've helped and the lives we've changed.

  • Case Dismissed Assault causing bodily injury

    We represented a woman accused of assault causing bodily injury with family violence. Through our experience as former prosecutors, we were able to point out certain evidence that showed our client was the true victim, which resulted in her case being dismissed in the interest of justice.

  • Case dismissed Assault Family Violence

    We represented a woman accused of assault family violence after she called the police because she was being assaulted. We got the case dismissed on her behalf.

  • Case Dismissed Assault Family Violence

    We represented a client accused of assault family violence who was being held in jail. We secured an agreement to reject the case before charges were officially filed, leading to our client's release and dismissal of the case within two days of hiring us.

  • Case Dismissed Assault Family Violence

    We represented a client charged with assault family violence. By acting early and securing helpful testimony from the alleged victim at a protective order hearing, we persuaded the prosecution to reject the case.

  • Deferred Probation; No Prison Time Drug Dealing & Possession of Firearms

    We represented a client charged with manufacture/delivery, facing allegations of continued drug dealing and possession of firearms. After a contested sentencing, we secured a deferred adjudication probation, allowing the client to avoid prison time.