California Kidnapping Attorney
Have you been charged with Kidnapping? Do not face this charge alone! Let Weber Law help you today!
The first thought that most people have when kidnapping comes to mind is a stranger in a van stealing a child from the street, but that is not necessarily accurate. It is important to know your rights and have someone who knows the law on your side. In California, being found guilty of kidnapping can come with serious consequences. There are different aspects to the crime of kidnapping, all of which come with serious penalties. A charge of kidnapping can have detrimental effects on your record that can follow you for life. Do not face these charges alone. Do not face the court room alone. Let Weber Law help you today!
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California Kidnapping Charges and Penalties
What is Kidnapping?
In California, there are different aspects to describe what kidnapping is, which include:
(a) Any person who forcibly, or by any other means of instilling fear, steals or takes, 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;
(b) Any person, who for the purpose of committing any act defined as lewd, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of fourteen years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping;
(c) Any person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person.
(d) Any person who, being out of this state, abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state, and is afterwards found within the limits thereof; and
(e) For purposes of those types of kidnapping requiring force, the amount of force required to kidnap an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent.
What is the Punishment?
There are different punishments depending on the circumstances around the charge of kidnapping.
If the person who was kidnapped is under fourteen years of age at the time of the crime, the crime is punishable by imprisonment for five, eight, or eleven years. However, if the court does grant probation, imprisonment of up to twelve months must be carried out first unless good reason is provided.
If a person has been found guilty of seizing, confining, enticing, decoying, abducting, concealing, kidnapping, or carrying away another person by any means whatsoever to detain them for ransom, reward, extortion, or if the person is found guilty of aiding and abetting such act, they are guilty of a felony. The punishment for felony kidnapping in the State of California is imprisonment for life without possibility of parole if the victim suffers death or bodily harm or is intentionally confined in a manner which exposes that person to the likelihood of death. If the person is found guilty of kidnapping but the victim does not suffer death or bodily harm, then life with the possibility of parole is the sentence. Again, in extremely special circumstances where the court does grant probation, imprisonment of up to twelve months must be carried out first unless good reason is provided.
Even as a Defendant, you still have Rights! Make sure yours were not violated!
Even as an individual facing criminal charges, you have rights, and it is important to know those rights and make sure that they were not violated in any way when you were arrested or charged. Without extensive knowledge of your rights when it comes to police searches, Miranda rights, and your rights when it comes to arrest, it is extremely difficult to get a dismissal or reduction. Do not try to fight these charges on your own—Weber Law is ready to help you today.
Contact Weber Law immediately if you’ve been arrested on a kidnapping charge. We offer a free confidential case evaluation – serving Los Angeles and the surrounding areas.
How Can WEBER LAW Help You?
It can be scary and nerve wracking to have criminal charges on your record, but it has an added severity when years in prison is the potential sentence. The court system can be intimidating and without good legal help, the consequences can be devastating. Our experienced team is comfortable looking at evidence, negotiating potential plea agreements, and defending you in court. There are ways to fight the charge of kidnapping. Additionally, Weber Law will look at all the evidence available to the different aspects you could have been charged with, including but not limited to, speaking to potential witnesses and the circumstances surrounding the alleged kidnapping. Weber Law will work to lower your charge or sentence. We will fight for you to keep your record clean. Kidnapping, no matter the circumstances, is not a charge that you want to fight alone. Let our team of experienced attorneys help you navigate the criminal justice system. If you or someone you know has been charged with kidnapping in the State of California, contact Weber Law for your free consultation today.
CA Penal Code § 207, Kidnapping, defined.
CA Penal Code § 208, Punishment for kidnapping; victim under 14 years of age; probation
CA Penal Code § 209, Kidnapping for ransom, reward, or extortion, or to commit robbery or rape; punishment.
A Los Angeles, California Criminal Defense Attorney Can Help You
Weber Law will aggressively fight for your rights. Contact us today!
We believe that justice is an idea that can triumph only when living people make it so. We are dedicated to justice. We wish to run a business that is at once profitable while allowing us to promote the rights of our fellow community members. We will stand for the poor when they are in need and their cause is just. We will work for any responsible business. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds.
80 South Lake Ave. Ste. 590, Pasadena, California 91101