Kidnapping is a very serious crime with consequences that could negatively impact the rest of your life. Because Orange County is notorious for its aggressive pursuit of criminals, if you have been charged with abducting, you may face a long and stressful road ahead.
If you or a loved one has been charged with kidnapping, contact the team at The SoCal Law Network to speak with a Laguna Hills and Orange County criminal defense law firm who is highly skilled in criminal law. Call 949-305-7995 to schedule a free consultation today.
How Can An Orange County Kidnapping Defense Attorney Help?
Kidnapping charges often lead to lengthy trials with unsympathetic juries, so it is important to rely upon the skills of a Laguna Hills and Orange County kidnapping defense lawyer to defend your rights. Known as some of the best trial lawyers in Laguna Hills and throughout Orange County, the team at The SoCal Law Network can review your case to determine the most appropriate defense strategy. Some of these strategies may include:
The victim consented to being moved – If the victim showed verbal or nonverbal signs of consenting to the movement, you may be able to fight your charges in the Orange County courts. If a woman verbally agrees to get in the car with you, but then becomes uncomfortable after getting in, this may not be considered kidnapping since the consent was there.
There was not enough movement of the victim to qualify as kidnapping – If the distance that the victim was moved did not put him or her in a great deal of harm, you may be able to use this defense in court. For example, moving a victim across a parking lot within a shopping complex may not be considered a substantial distance.
You were present for the kidnapping, but did not commit the crime – If you were at the wrong place at the wrong time, you may be able to fight your kidnapping charges. The prosecution must prove that you were in on the abducting plan if you were not the one who physically committed the abducting .
There’s not enough evidence – If the crime becomes a simple â€œhe said, she said,â€ then your charges may be dismissed due to insufficient evidence.
You have rights as a parent – As a parent and legal guardian, you may have the right to travel great distances with your child without the consent of the other parent.
Our Laguna Hills and Orange County kidnapping defense lawyers share over two decades of experience defending individuals in criminal cases. We will exhaust all options when it comes to defending your rights and obtaining the best possible outcome for your case. Call 949-305-7995 to schedule a free consultation today.
What Are the California Kidnapping Laws?
In the state of California, you may be charged with abducting if you forcibly or by any other means to instill fear move a person without that individual’s consent. Forcibly or by another means to instill fearâ€ could refer to physically harming the victim or threatening to do such harm.
California law distinguishes between abducting and aggravated kidnapping. You may be charged with aggravated kidnapping if you:
Use fraud, force or instill fear upon a person who is under 14 years of age.
Cause the victim serious bodily injury or death.
Violate other laws that are related to California abducting laws
Kidnap another individual during the act of carjacking
Both kidnapping and aggravated abducting are very serious charges, however the latter may carry harsher penalties.
California also addresses the issue of a parent abducting his or her child. Although many people are confused as to how a parent can be charged with kidnapping his or her own child, it is illegal under some circumstances. In fact, it is one of the most common types of abducting in the United States. If a person who does not have the right to custody takes or conceals a minor with the intent to hold that child or hide him or her from the legal guardian, the person may be charged with child abduction, kidnapping, or deprivation of a child custody order.
There are a number of offenses related to abducting that are also addressed under California law, including:
Kidnapping during a carjacking – If you move a victim a substantial distance during a carjacking that increases the risk of harm over what is considered necessary for a carjacking, you may be charged with this offense.
Kidnapping with extortion – If you pose as a kidnapper in order to obtain a ransom, you may be charged with this offense.
False imprisonment law – This lesser crime is sometimes brought to court when the prosecutor does not have the necessary evidence to convict on a abducting charge. You may be charged with false imprisonment if you restrain or detain another individual without his or her consent.
False imprisonment to avoid arrest – Those who have been convicted of this crime were found to illegally restrain an individual or use this individual as a shield in order to avoid arrest.
Contact the Orange County abducting defense lawyers at The SoCal Law Network to help you understand these complicated charges and defend your rights in court. A abducting conviction can have a lasting negative effect on the rest of your life, so don’t take your chances facing this case without the help from our team of attorneys.
What is the Penalty for Kidnapping?
As with any law, there is not a one size fits all approach to defining penalties to kidnapping. However, all kidnapping crimes are felonies in the state of California, so if convicted, defendants may face harsh penalties including:
If convicted for simple kidnapping, you may face up to 8 years in the California state prison.
If convicted for aggravated kidnapping, you may face anywhere between 5 years to a life sentence in California state prison.
It’s important to note that kidnapping counts as a strike against you for California’s Three Strikes Law. Without the help of a skilled Orange County assault and battery attorney, you may be convicted on kidnapping charges and therefore not eligible for parole until you have completed a minimum of 85% of your sentence.
For offenses related to kidnapping, you may face the following penalties:
For kidnapping in connection with a carjacking, you may face life in prison without parole.
For kidnapping with extortion, you could face up to four years in prison.
For false imprisonment, you may face up to three years in county jail.
False imprisonment to avoid arrest penalties vary based on the amount of danger the victim is in, however it is typically up to eight years in county jail.
Child abduction and/or deprivation of a child custody order are punishable by up to four years in jail and a fine of up to $10,000.
How can a criminal defense attorney help my kidnapping case?
By demonstrating that there was not an asportation of the individual
Is it still kidnapping if it is my child?
Yes, depending on the circumstances and whether you had permission to take the child
What are the potential consequences of conviction?
A conviction can have an impact on a person’s ability to obtain employment, immigration status, voting rights, financial aid, government benefits and result in a jail or prison sentence.
Have you or a loved one been charged with kidnapping? Contact the team at The SoCal Law Network to speak with a highly skilled Laguna Hills and Orange County DUI attorney to defend you against the charges. Call 949-305-7995 to schedule a free consultation with our assault and battery lawyers today.