Under California law, kidnapping is one of the most serious charges that could result in lengthy prison time and hefty fines. If you or a loved one is facing kidnapping charges, it is imperative that you seek the counsel and guidance of an experienced and aggressive Santa Clarita criminal defense lawyer who will help protect your rights and start building a smart and effective strategy to defend the serious charges leveled against you.
California Penal Code Section 207
Under California Penal Code Section 207 (a): "Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping."
Under Section 207 (b), it is also illegal for someone to hire, persuade or entice someone with false promises or misrepresentations to go out of the country, state or county. This is also considered kidnapping under the law.
Penalties for Kidnapping
If convicted of kidnapping, which is a felony, an individual could face up to eight years in state prison, pay significant fines and restitution to victims and be put on parole or probation. A conviction for kidnapping is a "strike" under California's Three Strikes Law. This could have a significant impact on sentencing for any crimes you are convicted of in the future.
In order to obtain a kidnapping conviction, the prosecution must prove that:
- The victim was taken by use of force or instilling fear
- The victim did not give his or her consent to go with the defendant. If the victim is a minor under 18 years of age, he or she cannot legally give consent.
- That the victim was forcibly taken to another location such as someone's home or moved out of the city, county, state or country
If the defendant had reason to believe that the person consented to going with him or her, then, the defendant is not guilty of kidnapping. If the other person consented to go with the defendant, the defendant cannot be found guilty of kidnapping.
Call (888) 744-7730 Today
If you or a loved one is facing kidnapping charges, please contact an experienced criminal defense lawyer with extensive experience with these types of cases. Attorney Daniel E. Kann understands the serious nature of kidnapping charges. He knows how to resolve your case and keep you out of prison. If you would like to discuss your case at no cost, please contact our law offices today.