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Criminal Defense

What is the Difference Between Kidnapping and Aggravated Kidnapping in California?

By October 13, 2021November 26th, 2023No Comments
Man Arrested With Handcuffs | Criminal Attorney in Los Angeles California | Wegman & Levin

Kidnapping charges in California carry severe penalties, including a lengthy prison sentence, steep fines, and other limitations to your freedom and future. The specific consequences depend on several factors, so it’s essential to contact a skilled Los Angeles County criminal defense lawyer right away to discuss and assess your situation. Generally, kidnapping offenses fall into two categories: “Simple” kidnapping and “Aggravated” kidnapping. Here’s a brief overview of kidnapping charges in California and some steps you can take to defend your rights and your future.

Simple Kidnapping Charges in California

Under Title 8, Chapter 3, Section 207 of the California Penal Code, anyone 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.” To secure a conviction, prosecutors must show that you transported the alleged victim using force, fear, or fraud some distance without their consent. If convicted, you could face imprisonment in the state prison for three, five, or eight years.

Harsher Sentences for Aggravated Kidnapping Offenses

Certain factors can elevate simple kidnapping charges to aggravated kidnapping. For instance, if the alleged victim is under 14 years old, the prison sentence length increases to five, eight, or eleven years. Under Title 8, Chapter 3, Section 209 of the California Penal Code, anyone who abducts, confines, or kidnaps another person who “suffers death or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial likelihood of death” shall be “punished by imprisonment in state prison for life without the possibility of parole.” This type of kidnapping offense carries one of the harshest sentencing penalties, so it’s essential to enlist the services of an experienced criminal defense lawyer who can fight to protect your best interests.

Contact a Trusted Los Angeles Criminal Defense Attorney Now

As soon as law enforcement has arrested you, try to remain calm and exercise your constitutional right to remain silent. Contact an experienced criminal defense attorney right away so you can explain your situation and determine the most strategic path forward. Your lawyer can answer your questions, address your concerns, and help you understand what to expect in the days and weeks ahead. Don’t leave your future up to chance—enlist the guidance of a skilled attorney to fight for your rights and your freedom.

 

If you or a loved one is facing kidnapping charges in Los Angeles County, call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a trusted criminal defense lawyer.

Michael M. Levin, Esq.

Michael M. Levin is an experienced attorney who has been in private practice as a criminal defense lawyer for over 25 years. He has conducted numerous jury trials in cases ranging from DUI to capital murder. Read More

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