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Movies and television have effectively conditioned many people to picture a blindfolded and tied-up victim being whisked away in someone’s trunk when they imagine kidnapping. However, in the real world, kidnapping crimes are usually less theatrical and are often related to instances of domestic violence.
California aggressively prosecutes anyone who is accused of the serious charge of kidnapping or related offenses. If you or someone you care about has been arrested for kidnapping, do not wait to reach out to a San Diego kidnapping attorney. At Bernal Law, our San Diego kidnapping lawyers work to negotiate on our clients’ behalf to have their kidnapping charges mitigated or, in some cases, dropped entirely.
Often misunderstood by the general public, kidnapping is the crime of using force or fear to move another person a substantial distance against his or her will. Also, in cases where the victim is a child or is held for ransom, the crime can be aggravated and be subject to harsher criminal penalties.
When you are charged with kidnapping under California Penal Code 207 PC, the prosecution will be required to prove that you are guilty of each element of the crime. You cannot be found guilty of kidnapping if they are unable to prove that you are guilty of each element.
To be convicted of simple kidnapping, prosecutors must prove:
In California, a simple kidnapping occurs when you use force or fear to detain, move, or hold another person. Force involves using actual physical effort and strength. Force can include restraining, dragging, pushing, or beating.
Fear involves using threats of imminent or future harm to persuade the victim to follow directions. This can include displaying a weapon, threatening the safety or life of the victim, or threatening the safety or life of someone the victim cares about.
Kidnapping requires that you move a victim a “substantial distance.” A substantial distance can be anything greater than a slight or trivial distance. When a jury is determining if the distance moved was substantial, they can consider the actual distance moved and whether the movement:
They will also consider if the movement increased the opportunity to commit additional crimes.
A kidnapping victim cannot be a willing participant. This means you cannot be guilty of kidnapping if, for the entirety of the incident, the victim consented to the act.
A victim can withdraw consent at any time during the act. Consent is defined as freely and voluntarily agreeing to go with or be moved with full knowledge of the movement.
Consent can only be given by a person with the proper maturity and understanding of the circumstances. Children and individuals with mental disabilities are often incapable of giving legal consent.
There are situations when the charges for kidnapping will be aggravated, which means the crime is considered more serious, and the possible criminal penalties will be more severe.Aggravated kidnapping crimes in California include:
Aggravated kidnapping occurs when the victim is a child under the age of 14, if there are other crimes committed during the kidnapping, or if you demand ransom or a reward in return for the victim.
A conviction for kidnapping in California has serious consequences, including lengthy terms of imprisonment, hefty fines, and ruined reputations.
Simple kidnapping is a felony offense in California, punishable by up to eight years in a California state prison and fines of up to $10,000.
The penalty for aggravated kidnapping will depend on the facts and circumstances of each specific crime. If the victim of the kidnapping is under the age of 14, aggravated kidnapping can be punished by anywhere from five to 11 years in prison.
If you kidnap another person to commit another crime or demand ransom, aggravated kidnapping can be punished by life in prison with the possibility of parole. If you kidnap another person for ransom and they die or are placed in a situation likely to cause their death, aggravated kidnapping can be punished by life in prison without the possibility of parole.
Depending on your case, defenses to kidnapping charges in California may include:
Hiring an experienced San Diego kidnapping attorney to handle your case is the best way to make sure that any possible defense is raised on your behalf.
In California, there are other laws on the books that criminalize acts similar to kidnapping. Prosecutors will often charge those accused of kidnapping with these (and other) related offenses.
It is a crime to intentionally and unlawfully detain, restrain, or confine another person against his or her will. The crime is aggravated if the imprisonment is done by violence or menace, and it does not require that you move the victim a substantial distance. False imprisonment is considered a “lesser included” crime of kidnapping because you cannot commit a kidnapping without falsely imprisoning someone. [California Penal Code 236 PC]
It is a crime to intentionally and maliciously take, entice, or conceal a minor from his or her legal guardian or parent when you do not have the right to custody. A parent whose legal custody rights are terminated by the court can be guilty of child abduction. [California Penal Code 278 PC]
A conviction for kidnapping in California can have serious and life-changing consequences. If aggravating circumstances arise, you can even face the potential of life in prison. Partnering with an experienced San Diego kidnapping attorney is the best way to limit the severity of the consequences you face for a kidnapping conviction.
Bernal Law founder, Pedro Bernal, Esq., worked as a prosecutor for almost a decade, so he understands the other side and the strategies they use. Today, he uses that knowledge to fight for you. Call (619) 736-9092 or fill out our convenient contact form to schedule your free consultation to begin discussing your legal options with us today. He is fluent in both English and Spanish.
Virtual Consultation Available Upon Request
Virtual Consultation Available Upon Request
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