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.

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. 

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.