Kidnapping

Kidnapping

Kidnapping is one of the more serious criminal charges a person can face. Depending on the circumstances, if a person is convicted of kidnapping, they could face a term of life in prison. If the victim is moved over state lines, the defendant could face either state or federal charges for the crime.

For any person charged with kidnapping, it is important to consult with a criminal defense lawyer familiar with such cases. An experienced defense attorney can explain your legal options and come up with a strategy that will defend your constitutional rights.

 

Kidnapping Elements


A kidnapping charge under Penal Code 207 has three parts to it. It is the job of the prosecuting attorney to prove all three of them to ensure a conviction.

  • Suspect detained the victim by way of fear, threats or force
  • Suspect moved the victim or forced victim to move a significant amount of distance
  • Victim did not consent to the kidnapping

 

Kidnapping Penalties


Kidnapping is considered a felony and anyone convicted of this crime faces three years, five years or eight years in state prison. In cases where the victim of the kidnapping is under 14, a defendant’s exposure increases to five years, eight years or eleven years in prison. Increased punishment exists in cases where the kidnapping is committed for purposes of carjacking, robbery or ransom. In such cases, an individual could be sentenced to life in prison. Persons convicted of kidnapping could also face probation, substantial court fines and restitution, a restriction on firearms and immigration issues, notwithstanding the “strike” under California’s Three Strikes Law. To minimize the harsh consequences associated with a conviction for kidnapping, one should contact a criminal defense lawyer familiar with such charges.

 

Potential Defenses in Kidnapping Cases


With the help of an experienced criminal defense firm, a client can be assured their lawyer will do what they can to discredit evidence as well as testimony of prosecutorial witnesses. If there was a good faith belief that the victim consented to the movement, a kidnapping charge can be beaten at trial. Our criminal lawyers will tirelessly work to weaken the prosecution’s case in the hopes of an acquittal or favorable disposition of the matter.

 

Facing False Imprisonment or Kidnapping Charges?


The moment one may be faced with a kidnapping charge is the time to get an aggressive criminal defense attorney on your side who understands the seriousness of the offense, the potential defenses and how to favorably position a suspect charged with such an offense. Our lawyers will ensure that client’s rights are protected when charged with this serious crime. Get help with a kidnapping charge by contacting our office for a free consultation.

Our Results Speak for Themselves

Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)

Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)

Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence.  Client found not guilty on all counts at jury trial. (People v. Felicia M.)

Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)

Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)