Like most states, California takes kidnapping offenses seriously. However, to secure a kidnapping conviction, prosecutors must establish several key facts. The penalties for kidnapping can severely restrict your freedom and your future, so contact a trusted Los Angeles County criminal defense attorney as soon as possible to discuss your situation. In the meantime, here is a brief overview of kidnapping offenses in California and what steps to take to protect your future.
Defining Kidnapping in California
California Penal Code Section 207 provides that “Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.” There are several aspects to this definition, and prosecutors must prove all of them in order to secure a conviction. First, they must show that you physically moved someone (without their consent) a considerable distance. They will also need to prove that you used force or fear to transport them.
Simple vs. Aggravated Kidnapping Charges in California
California recognizes two types of kidnapping charges: simple kidnapping and aggravated kidnapping. Simple kidnapping fulfills the definition listed above, wherein you move someone else a considerable distance without their consent by using force or fear. If convicted, you could face a three, five, or eight-year prison sentence, a fine of up to $10,000, or both. Aggravated kidnapping, which carries harsher penalties, occurs when the victim is held for ransom, is under 14 years of age, suffers bodily harm or death as a result of the kidnapping, or is kidnapped during a carjacking. Aggravated kidnapping is punishable by imprisonment for five, eight, or eleven years. Additional factors, such as kidnapping for ransom or sex crimes, could result in life imprisonment.
Other Types of Kidnapping Offenses
California recognizes other crimes that carry similar penalties to kidnapping charges. Under the state’s child abductions law, a child cannot be kept from their legal parent or guardian. You could also face criminal charges for abducting a child in violation of a child custody order or visitation right. Sometimes, a parent may not recognize that violating a custody order could result in kidnapping charges, so it’s essential to enlist the guidance of a skilled Los Angeles County criminal defense attorney as soon as possible to determine the most strategic path forward.
If you are facing kidnapping charges in Los Angeles County or anywhere in Southern California, call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a trusted and experienced criminal defense lawyer.
