You are charged with kidnapping if the prosecutor determines that you forcefully moved another person against that person's will or persuaded the alleged victim to move a substantial distance through fear and/or intimidation. A kidnap conviction can carry imprisonment for three, five or eight years. There are many legal defenses to the charge of kidnapping so it is vital to have the top criminal law firm, Schwartz & Powell, represent you.
Kidnapping (Penal Codes §207, 208,209,209.5) - Taking a person from one place to another against his or her will, or confining a person to a controlled space. Violation occurs when a person is 1) moved 2) a substantial distance 3) without consent 4) by using force/fear either by threat of physical harm or actual physical force.
Simple Kidnapping: takes place when you move another person without that person's consent by using force or fear.
Aggravated Kidnapping: Kidnapping for the purpose of committing another crime. For example, kidnapping another person with a plan to commit rape. To be charged the defendant must move another person and
• intend to commit the underlying crime while moving the alleged victim
• use force fear or fraud on a child under 14 years of age
• kidnap with a demand for ransom
• cause serious bodily harm or death
• kidnap while carjacking (PC 215pc California Carjacking law)
• violate a variety of other laws that relate to kidnapping
When kidnapping is elevated to aggravated kidnapping a conviction carries life in prison.
Kidnapping carries significant terms of imprisonment in California state prison. If the alleged victim is younger than fourteen additional time is added. If murder or another specified crime occurs during a kidnapping a defendant can be charged with first degree murder using the felony-murder rule. This can carry a sentence of life without parole or even the death penalty. There are defenses to kidnapping. Schwartz & Powell will determine the legal defenses if you are charged and get you the best result possible. Call Schwartz & Powell now. We have over thirty years of legal experience in all criminal matters including kidnapping.
Schwartz & Powell Has More Not Guilty Verdicts Than Any Other Law Firm in Ventura County. Schwartz & Powell serves Ventura, Los Angeles, Santa Barbara, Kern, San Diego Counties.
Call us at 805-658-8955.
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