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 lawyer. 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.
What To Know About Kidnapping Charges in California
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:
Force or Fear
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.
Substantial Distance
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:
- Increased the chances of an escape
- Decreased the chances of detection
- Increased risk of harm to the victim
They will also consider if the movement increased the opportunity to commit additional crimes.
Consent
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.
Aggravated Kidnapping in California
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:
- Kidnapping a Child Using Fraud to Commit Child Molestation: This is contacting a child under the age of 14 by making false promises or misrepresentations to move a substantial distance with the intent to commit a lewd or lascivious act.
- Kidnapping a Person Incapable of Consent: This is when an individual uses physical force to take or carry away an unrestrained child or person with a mental disability a substantial distance with an illegal intent or purpose.
- Kidnapping for Ransom: This is detaining or concealing another person for the purpose of collecting a ransom, reward, or to gain something of value. This type of kidnapping does not require that you move the victim a substantial distance.
- Kidnapping for Robbery, Rape, or a Sex Offense: This is kidnapping another person for the purpose of committing a robbery, rape, or other sexual offense. The victim of the crime must be moved with the intent and purpose of committing the additional crime.
- Kidnapping During a Carjacking: This is kidnapping another person who is not involved in the act during a carjacking.
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.
Potential Penalties for Kidnapping Crimes in California
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.
Possible Defenses to Kidnapping in California
Depending on your case, defenses to kidnapping charges in California may include:
- Consent of the victim
- Movement was not substantial
- False accusation or actual innocence
- Protecting a child from imminent harm
- Lawful citizen’s arrest
- Assertion of parental rights
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.
Crimes Related to Kidnapping in California
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.
False Imprisonment
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]
Child Abduction
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]
Hiring an Experienced San Diego Kidnapping Lawyer
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 Lawyer 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.
