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Kidnapping Charges For Man Who Took 4-year-old Boy From Backyard

Kidnapping Charges For Man Who Took 4-year-old Boy From Backyard

Xavier Fritz-Smead was charged with kidnapping a 4-year old boy from his home and is now facing up to 40 years in prison. He also will be charged with spitting on a police officer, which is a felony in Minnesota. Additionally, Smead also chipped a police officer’s tooth when he was apprehended. Smead was a friend of the 4-year olds mother and came to sort out an argument that they had a few days before. Once he arrived at the house, he was yelling for her to come outside and picked up the boy. He put the boy into his car and drove off. Police found Smead driving on the freeway and Smead then fled the police. He ended up in a ditch and was extremely combative towards the police. He punched and kicked the police and had to be sedated by paramedics. Smead also held the boy in a headlock and shortly after the police were able to rescue him. Apparently, Smead had also refrained the mother from leaving the home when they argued two days earlier.

What is kidnapping in Minnesota?

Kidnapping is when a person confines or removes from one place to another any person without their consent. If the person is under 16 years old, the consent of the parent or legal custodian is needed. Minnesota statute 609.25 states that elements of kidnapping include:

(1) to hold for ransom or reward for release, or as shield or hostage; or

(2) to facilitate commission of any felony or flight thereafter; or

(3) to commit great bodily harm or to terrorize the victim or another; or

(4) to hold in involuntary servitude.

If you have been charge with kidnapping, you will need an experienced Minneapolis defense attorney to handle the case for you. The penalty for kidnapping is up to 20 years in prison and/or a fine of $35,000 if the victim is released in a safe place without great bodily harm. If the victim is not released in a safe place or if there is great bodily harm involved or if the victim is under 16 years the penalty is up to 40 years in prison and/or up to $50,000. Kidnapping is a serious felony in Minnesota.

Additionally, spitting on a police officer also constitutes 4th degree assault which is also a serious felony in Minnesota. If a person assaults an officer during an arrest it constitutes a gross misdemeanor. A gross misdemeanor holds a penalty of up to one year in jail and/or up to $3,000. If a person throws or transfers bodily fluid or feces at the officer, the charge gets enhanced to felony level, which holds a penalty of up to 3 years in jail and a fine up to $6,000. There are also similar charges if a person harms a firefighter or an emergency medical personnel. If you have been charged with assault, you will also need an aggressive Minneapolis criminal defense lawyer.

Smead will need a Minneapolis criminal defense attorney to help him with his case. Max Keller is a Minneapolis criminal defense lawyer. A Minneapolis criminal defense lawyer could argue for a departure from the sentencing guidelines. Call 952-913-1421 today if you have been charged with kidnapping and if you are looking for a Minneapolis criminal defense lawyer. Keller Law Offices offers free consultations for people who have been charged with a crime. Keller Law Offices also offers payment plans in most cases. Max Keller will listen to the facts of the case and come up with a strategy to ensure your case is being handled properly. Max Keller will fight your case aggressively. Contact the firm’s website at and do not wait until the last minute to contact an attorney.

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