LA Kidnapping Lawyer

Kidnapping is one of the most serious crimes in the California Penal Code, and is harshly and aggressively enforced and prosecuted.  Kidnapping also covers a wide range of conduct and can be charged in a variety of scenarios.  Simply put, kidnapping is: (1) moving another person (2) a substantial distance (3) without that person's consent (4) by use of force or fear.  This article will examine the meaning of these various elements (what the government must prove), as well the possible consequence, common defenses and related California Penal Code offenses.  Kidnapping is a very serious crime.  Anyone facing this or related charges needs to have experienced, passionate, knowledgeable representation.  Contact us now for a Free Consultation with a Los Angeles Criminal Defense Attorney.

MOVING ANOTHER PERSON ELEMENT
This is the most simple, straightforward of the elements.  Moving a person can involve actually physically using force to move a person, or orders made under a threat of force.  If a victim is still moving with their own legs, or being driven in a vehicle that they entered, the defendant is still guilty of "moving" the victim.

A SUBSTANTIAL DISTANCE ELEMENT
"Substantial distance" does not exactly create a bright-line rule for distance.  Instead, a "substantial distance" will be determined by the actual physical distance (can be as little as 30 feet) as well as the reason and effects of that movement.  For example, movement away from potential help will be considered much more significant than movement from one side of a room to another.  This substantial distance question can be both a legal question for the judge at the preliminary hearing or a factual question for the jury at trial.  In either case, it is very important to have a very skilled, dedicated defense.

WITHOUT THAT PERSON'S CONSENT ELEMENT
Consent is sometimes a murky issue, and not only in sex crimes cases.  This means that the government must show that the victim did not voluntarily go with the defendant.  Consent can be shown through witness testimony of the victim's protest and opposition to being moved, if any.  This is where defense witnesses or video footage can be very helpful to the defense.

FORCE OR FEAR ELEMENT
The use of force or fear is a common element in California criminal law, and can make an otherwise insignificant crime very serious violent crimes.  For example, stealing $40 is often a misdemeanor offense with no jail time.  Taking the same $40 from someone at an ATM by the use of force or fear, and the offense is considered first-degree robbery, punishable by up to 6 years in state prison.  The force or fear requirement requires the government to prove that the defendant either used actual physical force or the threat of imminent bodily harm.  This can mean dragging, beating, pushing or threatening a person. 

POSSIBLE PUNISHMENTS FOR KIDNAPPING
Simple kidnapping is punishable by three, five or eight years in prison.  Under certain circumstances, kidnapping is considered aggravated and is punishable by more time.  If the victim is under 14 years of age, kidnapping is punishable by up to 11 years.  Kidnapping for ransom, or in order to commit extortion, robbery or any of a wide range of sex crimes is punishable by 25 years to life in prison.  Additionally, kidnapping is frequently charged alongside other offenses (see list below).  Additionally, it is important to note that kidnapping is a "strike" under California's Three Strikes Law.  Having or using a firearm or other weapon during the commission of an act of kidnapping would further add a consecutive sentence.

COMMON DEFENSES TO KIDNAPPING
Common defenses in kidnapping cases include:  the victim consented to being moved, there was no use of force or fear, the movement was not a "substantial distance," false accusation, mistaken identity, lack of evidence, parental rights to move children, and arrest/citizen's arrest.  Each case is different, and it is important to identify and investigate the possible defenses in your case.

RELATED OFFENSES
Some related offenses to kidnapping include: PC 209 - Kidnapping for robbery, PC 210 - Kidnapping for Extortion, PC 210.5 - Taking a Hostage, PC 215 - Carjacking, PC 209.5 - Kidnapping During Carjacking, PC 236 - False Imprisonment, PC 278 - Child Abduction, PC 278.5 - Deprivation of Child Custody Order, PC 422 - Criminal Threats, and more.

Hopefully you have found this article to be informative and answer some of your questions about California's kidnapping laws.  Nevertheless, the information provided here is no substitute for a full case evaluation and free consultation about your case.  With serious charges such as these, it is vital to have the best representation you can get.  Our office offers an impressive record, close attention to clients' needs and a strong commitment to great results.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation.  213-375-3775.