The California Penal Code defines kidnapping as the taking of another person by force or fear to another location of a sufficient distance (as defined by the Code). If the victim is a child, it is sufficient that the kidnapper used persuasion or trickery to move the child a sufficient distance for illegal purposes specified in the Code.
Any kidnapping offense under California Penal Code sections 207 through 210 is a felony offense, which may result in significant criminal penalties. The most serious kidnapping offenses may result in life in prison without the possibility of parole.
Contact a Los Angeles Kidnapping Defense Attorney Today!
Fortunately, there are many defenses to a kidnapping charge. To protect your rights, contact the experienced criminal defense lawyers at the Law Offices of Daniel R. Perlman in Los Angeles. We know how to raise a strong defense on behalf of clients charged with kidnapping; call 877-814-7586 or contact us by e-mail.
Kidnapping Charges in Los Angeles
Any kidnapping offense under California Penal Code 207 is a felony offense and may result in a maximum prison sentence of three to eight years. The kidnapping of a child under age 14 may result in a maximum prison sentence of 11 years (subject to enhanced penalties under certain circumstances. See below).
If you are convicted of aggravated kidnapping you could face a life sentence in state prison. Aggravated kidnapping includes:
- Kidnapping involving a ransom request
- Kidnapping for purpose of rape or robbery and other offenses specified by the Code
- Kidnapping a victim during a carjacking (victim must be moved a sufficient distance)
Kidnapping involving a ransom request may result in a life sentence in state prison without the possibility of parole if the victim suffers death or bodily harm [CA Penal Code 209].
Defenses to a Kidnapping Charge in Los Angeles
Our attorneys are committed to providing the strong defense you need. We can raise a number of defenses on your behalf if you have been charged with kidnapping, including:
- Consent: The alleged victim consented to be moved (this defense may not be available if the victim was a child).
- Lack of sufficient movement: The victim does not have to be moved a significant distance for the prosecution to meet its burden. In some cases, however, this defense may be possible.
- Mistaken identity: If you were not caught with the alleged victim, mistake of identity may be a potential defense.
- Lack of intent: If you are charged with kidnapping for the purpose of rape, for example, the prosecution must prove beyond a reasonable doubt that you intended to commit a rape.
- Protection of child: The Code states that it is not an offense to move a child under age 14 to protect the child from danger of imminent harm.
- Lack of proof: The prosecution must prove every element of your alleged crime beyond a reasonable doubt.
In addition to fighting your charges at trial, we can also negotiate with the prosecution to seek a favorable plea agreement. A plea agreement might involve a plea to a lesser offense or an agreement on sentencing that will significantly reduce the penalties you face.
Contact Us
To schedule a free consultation with one of our Los Angeles kidnapping defense attorneys, call 877-814-7586 or contact us by e-mail.
