There has been an increase in violent crime cases in California. Due to this, there is a possibility of facing kidnapping charges if you forcibly transport someone a significant distance against their will, using force, fear, or both. The need to punish defendants for this offense has unfortunately led to many wrongful convictions.

At the California Criminal Lawyer Group, we offer legal representation for individuals facing charges of kidnapping. Our Bakersfield lawyers will attentively address your concerns and vigorously defend them for the best possible outcome for your case.

Understanding Kidnapping Under California Law

A person is likely to face charges for kidnapping under California PEN 207 if he or she transfers another person for a significant distance against their will by using physical force or instilling fear. If you help, facilitate, or lead a person to perpetrate an act of kidnapping, you'll additionally face charges under PC 207.

If a defendant takes his or her minor without the legal custodian's consent or without having legal custody of the minor, they could be shocked to face charges of kidnapping. It makes no difference in this kind of kidnapping if you have the minor's consent or not. What counts is that you moved the child a significant distance using force.

Kidnapping gets more serious when:

  • The offender demands a ransom in return.
  • Kidnapping takes place during a carjacking.
  • The kidnapped victim suffers an injury or dies as a result of the crime.
  • A minor, younger than 14 years of age, is the victim.

Elements of the Crime

For a prosecutor to secure a conviction in a kidnapping case, he or she should prove certain elements of the crime. These elements are as follows:

The Accused Person Used Force or Instilled Fear to Capture or Hold the Victim

It takes more than just moving the individual for this crime to establish the defendant's guilt. The victim has to be subjected to actual force or receive threats of physical injury. Physically detaining a victim and compelling him or her to relocate or physically dragging him or her to another location are some examples of what could suggest that physical force was used. Beating the individual until he or she consents to move is another indication of using physical force.

The prosecution needs to also demonstrate that the defendant made the victim fearful by demanding obedience from him or her while brandishing a knife or gun. Additionally, if you made threats to hurt the victim's family members or to physically or sexually abuse them, then the prosecutors could use this as a solid case.

Sometimes, perpetrators can use deceitful tactics to move their victims instead of using force or fear. Moving someone fraudulently does not constitute a kidnapping crime. However, if there are any aggravating factors, the prosecutor can resort to fraud to prove your guilt. If the prosecution can prove that you kidnapped an individual from another state and transported them to California through fraudulent tactics, it can be quite easy to be found guilty.

Additionally, using fraudulent tactics to kidnap someone and force them to flee their country to trade them into involuntary servitude or slavery may serve as evidence of your involvement in this crime. A defendant can also be found guilty of kidnapping a minor under the age of fourteen and using them for lewd intentions.

If you deceive another person or use trickery to obtain their permission to relocate, the authorization is considered fraudulent. The court would assume that the accused did not have permission to transfer the victim since the victim was unaware of what he or she was consenting to when they consented to the transfer.

The Defendant Either Forced the Alleged Victim To Relocate or Made Them Move a Significant Distance

If the alleged victim did not move a significant distance, the defendant cannot be charged with kidnapping. When evaluating the possible length of a kidnapping, several factors are taken into consideration. The prosecution can present the precise distance range at which the accused relocated the victim.

The prosecutor can claim that the defendant could not have been seen or apprehended in the act due to the distance at which you relocated the victim, even if they are unsure of the precise distance traveled. Additionally, the prosecution could demonstrate that since there were no possible eyewitnesses when the accused transported the victim, there was a substantial possibility of injury being inflicted.

A defendant can be found guilty of kidnapping even if he or she moves the victim a short distance away from prospective witnesses intending to rape them or cause them serious harm. Also, keep in mind that the jury or judge is the one who determines whether or not the distance is significant. The reason behind this is that any distance can be regarded as significant. Therefore, a conviction on this factor will depend on the prosecutor's method of proving it.

The Defendant Did Not Get Permission From the Victim

The prosecution also has to demonstrate in court that the alleged victim did not move freely. If the alleged victim resisted or put up a struggle, it implies that the defendant was not acting with their permission. When a mentally impaired individual or a minor is involved, they are unable to consent. For this reason, the court will assume the accused did not have consent, even if he or she claims the victim permitted them to move.

The Accused Person Was Not Reasonably Assured That He or She Had Approval

When an individual agrees to the movement, it indicates they travel openly and freely. If the victim resists the movement, it indicates to the court that the accused knew the victim was not going to move or that he or she should have realized the victim was resisting the transfer. There is a high likelihood of a conviction resulting from this.

If the alleged victim initially agrees to accompany the defendant, his or her agreement can be revoked if he or she later decides to change their decision.

Penalties for Kidnapping

The severity of the penalties for kidnapping charges varies significantly based on the specifics of each case. Additionally, kidnapping is a continuing crime as long as the intended victim is in the defendant's custody. However, if found guilty, the accused can only receive a sentence for a single episode of the incident.

Kidnapping is considered a felony crime that carries a maximum fine of $10,000 as well as thirty-six, sixty, or ninety-six months behind bars. You can be charged with aggravated kidnapping in cases where there are extenuating factors surrounding the kidnapping.

The following are the consequences of a conviction:

  • Five, eight, or eleven years behind bars if the kidnapped victim was a minor under 14 years old when the crime was committed.
  • Life in prison with the possibility of being discharged on parole if the defendant demands ransom or other benefits in exchange for their victim. You will receive the same sentence whether you commit robbery, carjacking, blackmail, or sex crimes.
  • If the defendant kidnaps someone for a ransom, blackmail, or reward and in doing so causes them harm, death, or a serious risk of death, they could be sentenced to life imprisonment without the possibility of parole.

Kidnapping, whether simple or aggravated, is classified as a violent or serious felony, which means that being convicted for this offense will result in a strike on your criminal record according to the Three-Strikes Law. The accused person will be considered a second striker if he or she is convicted again after having previously received a "strike."

You'll serve a sentence that is twice as long as the minimum required by law. If the accused faces charges of a third felony crime and already has two strike records on his or her file, a conviction would render him or her a third-strike offender. A third striker faces a mandatory 25-year jail sentence, which can go all the way up to life in prison.

Legal Defenses to Kidnapping Charges

Kidnapping charges can be dropped or reduced. Fortunately, several defense arguments can work in your situation. These include the following:

The Victim Approved or Gave Consent for the Movement

If a person gives consent to be moved, the defendant wouldn't be considered to have committed a kidnapping crime. Irrespective of the victim's withdrawal of consent after the automobile starts to move, the defendant remains innocent as long as the victim's first consent remains legally binding.

However, if the accused person proceeds despite the alleged victim's opposition and decides to change their decision and head back to the original location, then their authorization would be regarded as withdrawn. In these situations, claiming that the victim gave you their consent won't be able to hold up.

You could also claim that you clearly and honestly believed the victim had given consent based on their actions throughout the movement. Making such a claim implies that you don't have the required malicious intent to be found guilty.

Inadequate Proof

In some kidnapping cases, there isn't enough proof or eyewitness testimony to support the allegation. In many situations, the victim's word serves as the only available evidence. If there aren't any phone records proving the alleged victim tried calling for help or if nobody saw you kidnapping the individual in question, an expert attorney could argue you were a victim of false accusations.

The Accused Was Not the Kidnapper

A defense attorney can argue that even if the accused was present when the kidnapping occurred, he or she was in the wrong location at the wrong time to refute the claims. Keep in mind that this argument is only effective if you're unaware of the defendant's kidnapping plans.

However, if the accused person followed the kidnapper despite knowing what they were planning, you could be found guilty of organizing, encouraging, or aiding in the kidnapping act. If you're aware of the kidnapper's illegal intention or if you intentionally assisted in smoothing or strengthening their actions, you are likely to be convicted for helping to commit the offense.

If the defendant had a legal obligation to prevent the offense but failed to do so, you could be judged to have assisted in the kidnapping. Note that if you are found guilty of aiding and abetting, you will face the same consequences as the offender.

Insufficient Movement

The prosecution needs to show that there was a significant movement for the accused to be found guilty of the crime. A defendant won't be guilty if he or she moved the individual slightly or by a distance that endangers the victim's safety.

Parental Rights

If the defendant is a parent or has legal custody of a minor, they may be able to relocate the minor for an extended period, even outside of the state, without the approval of the other legal custodian or parent. In such situations, the accused usually includes former spouses who have been sued by their ex-partners for the alleged kidnapping of a minor.

Such cases usually never reach the court. If you can provide proof that you are the child's legal guardian, you are free to take the child anywhere you prefer. While it is unlikely that you will be charged with violating PEN 207, you could potentially face charges for deprivation of minor custody under PC 278.5.

If you took a minor intending to commit a crime or engage in illegal activities, the defense wouldn't be successful.

Exceptions to California Kidnapping Charges

In addition to the aforementioned legal defenses, there are other situations in which you would not be convicted of PC 207 kidnapping. This applies if:

  • The offender kidnaps or hides a minor under the age of fourteen to protect them from potential harm.
  • The accused placed the victim under arrest by a citizen.

An individual can only legally place another person under detention if:

  • The accused watches the individual break the law.
  • The defendant had a good reason to believe that the individual committed a crime.
  • The accused knew without a doubt that the individual committed a felony crime.

Crimes Related to Kidnapping

Several offenses can be prosecuted alongside or instead of kidnapping. Among these transgressions are the following ones:

Carjacking

PC 209.5 is the law that defines kidnapping during a carjacking. According to the law, anyone who kidnaps a person unrelated to the carjackers during the commission of the crime and aids in facilitating the carjacking will be sentenced to life in prison, with the possibility of release.

Aggravated kidnapping is one of the charges under PC 209.5. It implies that you could face harsh consequences if found guilty. However, for the accused to be convicted, the prosecutor has to demonstrate the following elements:

  • The defendant organized the carjacking, which is a violation of PC 215a.
  • The accused physically restrained, held, or took another person while committing the crime, or he or she instilled fear in them.
  • The accused forced the victim to leave the scene of the carjacking quite a distance away.
  • The defendant either forced someone to relocate or moved to facilitate carjacking or aid in their escape.
  • The individual who was kidnapped didn't belong to the group that ordered the carjacking.
  • The victim resisted the movement.

If you kidnap someone during a carjacking, you could face two charges, that is carjacking under PEN 215a and kidnapping under PEN 207. If PC 209.5 is violated, the penalty includes life in prison with a prospect of parole. You'll have a strike on your criminal record since the crime is classified as a violent and serious felony.

It is easy to avoid these consequences by denying the charges. Among the legal defenses you could use are:

  • The owner permitted you to use the vehicle.
  • The victim agreed to travel with you.
  • You were falsely accused.
  • You did not accomplish the carjacking.

The argument could help in reducing the charges to an attempt to kidnap during a carjacking crime, which carries fewer consequences. It's also possible to only file one charge rather than two for kidnapping and carjacking if you claim that you did not complete the act in question.

Kidnapping Associated with Extortion

Extorting someone by pretending to be a kidnapper is illegal under the provisions of PC 210. As per the legislation, you can be convicted of violating PEN 210 if you assert or pretend to be somebody who has kidnapped someone or helped and abetted in the kidnapping to obtain ransom, extort money, or reward. Posing as someone who can secure the freedom of a kidnapped individual in exchange for ransom or extortion money is against the law.

If you declare yourself as the perpetrator while you're not in reality, you could face charges for this offense. Keep in mind that kidnapping a person for extortion could result in a conviction under PEN 209, which deals with aggravated kidnapping. According to the law, kidnapping a person for extortion or ransom could result in a life sentence.

Being convicted for a PC 210 violation carries a two-, three-, or four-year sentence behind bars. However, you could be able to avoid the consequences by using one of these defenses:

  • False accusations.
  • Mistaken identity.
  • The accused had a reason to believe that he or she could save the purported victim of the kidnapping, even if he or she requested payment for his or her services.

False Imprisonment

The prosecutor can opt to file charges for a lesser crime, such as false imprisonment (PC 236) if there is not enough evidence to establish the defendant's guilt of kidnapping. The law states that it is illegal to confine, hold, or restrain someone else without that person's permission. Although kidnapping is considered a more serious crime, falsely imprisoning a victim is an essential element of kidnapping, which makes it easier for prosecutors to press charges for false imprisonment.

Moreover, PEN 236 charges can help negotiate a plea deal. It takes place when the prosecutor realizes he or she has little chance of winning, even if the defense has solid evidence to back up their argument. However, a defense lawyer will need to negotiate on your behalf to seal the agreement.

False imprisonment is considered a wobbler crime. A misdemeanor conviction under PC 236 carries the following penalties:

  • Court fines not exceeding $1,000.
  • Maximum sentence of 12 months behind bars.

Being convicted of a felony carries a term of 16 months, two years, or three years behind bars. While being found guilty of this crime carries serious consequences, there are legal avenues open to you to challenge the allegations. Among these defenses are:

The defendant was legally permitted to place the victim in restraint.

  • The accused had the victim's consent.
  • You could claim to have shopkeeper rights.
  • The defendant was acting in self-defense.
  • The accused has parental rights over the minor.

Using False Imprisonment to Prevent Arrest

It is illegal under PEN 210.5 for someone to falsely imprison a person. This law states that it is illegal to falsely imprison someone to prevent them from being arrested or using the individual as protection.

If you are found guilty of this offense, you could be sentenced to 3, 5, or 8 years. However, you can avoid penalties by arguing that you had consent, acted in self-defense or defense of another person, there was no immediate fear of arrest, and there was no heightened risk of injury.

Child Abduction

California law PC 278 forbids anyone who isn't a child's legal guardian from knowingly removing a minor to prevent them from seeing their parents or legal guardians. If you do not have parental rights over the victim's child, you could face charges of child abduction and kidnapping.

The prosecutor has the discretion to pursue either felony or misdemeanor charges. A misdemeanor conviction could result in no more than four years behind bars and up to $10,000 in court fines. If you're convicted of both kidnapping and child abduction, the court can order you to serve a jail term in addition to or concurrent with your sentence imposed for kidnapping.

Find a Bakersfield Criminal Defense Attorney Near Me

Kidnapping is a serious crime that carries a potential sentence of over eight years in prison upon conviction. Therefore, it’s recommended to seek the services of a skilled criminal defense attorney if you are facing these charges. Your attorney will guide you through the legal process, build a strong defense, and represent you in court to ensure a favorable outcome.

With our exceptional training and expertise, the California Criminal Lawyer Group is equipped to handle any type of criminal case, including kidnapping. We can assist you in convincing the court to drop or reduce your charges. Give us a call today at 661-750-8230 so that we can discuss your situation further.