Posted on: February 11, 2015 by in Criminal Defense
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California Penal Code 207, 208, 209, and 209.5

Orange County criminal defense attorneyWhen someone is convicted of kidnapping in California, that person faces up to eight years in prison. However, sometimes what’s happened is a mistake or a misunderstanding rather than an actual kidnapping. These are the three elements that constitute kidnapping in California and the elements that the state must prove to convict a kidnapping defendant:

1. A kidnapper took, held, or detained someone by force or by instilling reasonable fear.
2. A kidnapper moved the victim or made the victim move a substantial distance.
3. The victim did not consent to that movement or was too young to consent.

If you’re charged with kidnapping in Orange County, get the legal representation that you’re very much going to need and speak immediately to an experienced Orange County criminal defense attorney. Kidnapping is a serious felony and a “strike” crime under California’s Three Strikes Law. Aggravated kidnapping is an even more serious crime. Aggravated kidnapping happens when force, fear, or fraud is used and the victim is a child under age 14; when a kidnapper makes a ransom demand; when a victim sustains serious injuries or dies; or when a kidnapping is linked to a carjacking or another other crime. Life in prison can be the penalty for aggravated kidnapping in California.

A kidnapping charge is not the equivalent of a conviction. If you actually believed that an alleged victim was accompanying you voluntarily and you had no criminal intent, that’s a defense; sometimes kidnapping claims are completely fabricated and only later discredited by a skilled defense attorney. Some kidnapping cases also depend on the exact interpretation of the terms “movement” and “substantial distance.” If you pull a person into the next room, it’s probably battery, but it’s not kidnapping. Get legal representation if you are charged with kidnapping in southern California and contact an experienced Orange County criminal defense attorney at once.