Kidnapping is a serious felony offense, under California law Kidnapping is the taking away, or movement of another against their will with the threat of harm. Movement, or asportation, as it is called legally, is the essential element of the crime. Any amount of movement may fulfill this requirement, even if it is moving someone from one house to another, or from room to room. A common misperception is that the crime of kidnapping requires that someone is held for ransom. It does not.
Contact Orange County Criminal Defense Attorney Jennifer Le if you are under investigation or have been arrested for kidnapping. Kidnapping is a serious violent offense under California law, which means if you are convicted, you will have a permanent strike on your criminal record, meaning any second serious or violent felony conviction will carry double the penalties. A third conviction, even for an offense that is not a serious felony, will result in facing 25 years to life in prison.
The penalties for kidnapping are severe, and this offense may be considered a Federal crime, meaning Federal agencies, investigators and prosecutors will become involved. Your lawyer should be experienced in both State and Federal courts in order to even have a chance at defending your case. Experience, persistence and hard work are all qualities it is important to look for in a defense lawyer. At the Law Offices of Jennifer Le, that is exactly what we provide to our clients who are facing kidnapping charges.
The penalties for a kidnapping charge in California are as follows:
o Kidnapping: 3, 5, or 8 years in state prison.
o Kidnapping of a Child under 14: up to 11 years in state prison.
o Kidnapping Causing Great Bodily Injury (GBI) or Death: life in prison, without the possibility of parole.
o Aggravated Kidnapping (for the purpose of rape, robbery, to collect ransom or other additional crime): life in prison, without the possibility of parole.
Defenses for Kidnapping Charges in California
There are two main defenses your lawyer may use in defending your kidnapping case. One is "consent" and the other is "lack of intent". If your lawyer is able to prove that you reasonably believed that the victim consented, you should not be charged with kidnapping (as it is defined as taking someone against their will). The prosecution must prove that you intentionally took the person with the knowledge that they did not consent to being taken. As mentioned above movement is a required legal element of the crime. If there is no movement of the alleged victim, it may be the lesser offense of false imprisonment. Using these defense strategies in your favor, your attorney may be able to clear you of the charges.
Contact Orange County Kidnapping Defense Attorney Jennifer Le today!