Understanding Kidnapping in California
In the state of California, kidnapping of any kind is considered a serious, violent felony. It is defined by California Penal Code, Section 207 as holding, detaining, or otherwise arresting another person by fear or physical force and transporting that person across state, country, or national borders (or to a different area within the same county).
Types of Kidnapping Charges in California
Kidnapping charges in California generally fall into two main categories: simple kidnapping and aggravated kidnapping.
Simple Kidnapping (Penal Code § 207):
This involves the unlawful taking and carrying away of a person without their consent by means of force or fear. While simple kidnapping can result in serious criminal consequences, it carries a lesser penalty than aggravated kidnapping. However, if the victim suffers bodily harm during the commission of the offense, the penalties may increase.
Aggravated Kidnapping (Penal Code § 209):
Aggravated kidnapping involves more serious circumstances or aggravating factors, such as kidnapping for ransom, committing the crime during another felony (like robbery or sexual assault), or kidnapping a minor. The penalties for aggravated kidnapping are much more severe and can include a life sentence in prison without the possibility of parole in certain circumstances.
Some circumstances that may elevate a kidnapping charge to aggravated kidnapping include:
- Kidnapping a child under 14 years old
- Kidnapping a person for ransom, extortion, or to commit another crime
- The use of a deadly weapon or infliction of great bodily injury during the kidnapping
Consequences of a Kidnapping Conviction in California
According to California Code, Penal Code – PEN § 208, the penalties for a kidnapping conviction are as follows:
- Depending on the nature of the kidnapping, convicted persons may be subjected to three, five, or eight years in California state prison.
- Convicted persons may be sentenced to as many as 11 years in prison if they are found guilty of kidnapping a child under the age of 14.
- Persons convicted of aggravated kidnapping for the purpose of extortion, robbery, and/or sexual crimes could be sentenced to life in prison without parole.
In order to avoid suffering undue penalties, it is imperative that you consult with an experienced criminal defense attorney as soon as you are accused of kidnapping.
Defending Against Kidnapping Charges in California
If you've been accused of kidnapping in California, it's critical to work with an experienced Orange County kidnapping lawyer who can develop a strong defense strategy tailored to your case. Our attorneys can help challenge the prosecution's claims by demonstrating a lack of intent or knowledge, proving the victim's consent, or uncovering false accusations.
We can also argue that there is insufficient evidence, that the kidnapping was for a lawful purpose (such as protecting the victim), or that you were coerced into committing the act. Additionally, we will investigate cases of mistaken identity and provide compelling evidence to refute wrongful claims. With a dedicated attorney by your side, we’ll fight to protect your rights and ensure the best possible outcome.
Contact Our Kidnapping Lawyers in Orange County
We at the Law Offices of Christian Kim are committed to helping you protect your future at all costs, starting with a consultation. As a reflection of our commitment to convenient legal service and open communication, you may choose to do your consultation over the phone or in person. We are also available 24/7, including evenings, weekends, and holidays, depending on your needs.
Contact us online or call (714) 576-2935 as soon as possible
to speak to a kidnapping defense lawyer in Orange County.
Commonly Asked Questions
What if I was accused of kidnapping in a domestic situation?
Kidnapping charges in domestic situations—such as a child custody dispute or a partner taking someone without permission—can sometimes involve complex issues of consent and intent. If the victim willingly went with the accused or if the situation was misunderstood, it can serve as a defense. Your Orange County kidnapping lawyer will assess the details of the situation to build a defense based on the facts.
Can I be charged with kidnapping even if I didn’t physically touch the victim?
Yes. You can be charged with kidnapping even if you did not physically touch the victim, as long as you used force, threats, or fear to make the victim go with you. Kidnapping can involve indirect means, such as using intimidation, or even taking someone without any physical restraint, as long as it involved taking someone against their will.
What should I do if I’ve been accused of kidnapping?
If you have been accused of kidnapping, the most important step is to contact an experienced criminal defense attorney as soon as possible. Your attorney will help you understand the charges, explain your legal rights, and begin developing a defense strategy. It’s crucial to avoid speaking to law enforcement or others about the case until you have legal counsel, as anything you say could be used against you.
