Los Angeles Kidnapping Defense Lawyer
How Does California Law Define Kidnapping?
California Penal Code § 207 defines the crime of kidnapping as transporting another person a certain distance without their consent. Kidnapping involves several elements prosecutors must prove in order to gain convictions. These elements include:
- The forcible taking of another person;
- The use of fear;
- Moving the person to another country, state, county or different area within the same county.
Kidnapping can include a wide range of situations, including the common practice of taking a minor child and transporting them a significant distance without permission. Kidnapping is considered a serious offense and is punishable by severe penalties. If you or someone you know is being accused of kidnapping, our Los Angeles criminal lawyers are prepared to immediately respond to your call for help.
Types of Kidnapping Charges
Acts of kidnapping can be charged as:
- Simple kidnapping: When an individual uses force or threats to move another individual to a significant distant without their consent. A simple kidnapping can be charged as a felony.
- Aggravated kidnapping: This includes demands for ransom, causing serious bodily harm or death to the kidnapped person, and kidnapping committed during a carjacking
- False imprisonment: Any time you detain or restrain someone without consent, this can be considered false imprisonment.
- Child abduction: This charge can involve keeping a child away from someone with custody rights, such as a parent or legal guardian.
Kidnapping penalties will vary depending on the circumstances involved in a case, including a person's prior criminal history.
Typically, kidnapping can result in terms of imprisonment in a state prison for three, five, or eight years. Defendants may face longer terms of imprisonment – from 5, 8, or 11 years – if the person kidnapped is a child under the age of 14.
If your kidnapping crime involved a sex crime, you may be required to register as a sex offender.
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Lessem, Newstat & Tooson, LLP is a proven criminal defense law firm comprised of experienced, award-winning defense lawyers. Our legal team has earned a number of successful resolutions for clients charged with crimes, and makes it a priority to protect their rights, freedoms, and futures at all points during a case.