Kidnapping Law in California - Penal Code 207 PC
Kidnapping under California Penal Code 207 PC is a felony criminal offense. In order for the prosecutor to obtain a conviction, they must prove beyond beyond a reasonable doubt that you used force or fear to move another person, the movement occurred without their consent, and the movement was of a substantial distance.
If you are convicted in court, you could be facing a sentenced to three, five or eight years in a California state prison. Under California's Three Strikes Law, kidnapping is considered a strike.
In California, there are more specific legal versions of kidnapping. This includes kidnapping for ransom (Penal Code § 209(a)), kidnapping to commit robbery, rape, oral copulation or sodomy (Penal Code § 209(b)(1), and kidnapping during a carjacking offense (Penal Code § 209.5).
California's 10-20-Life, “Use a Gun and You're Done” law which list mandatory minimum prison sentences if you use a firearm during specific violent felony crimes.
Kidnapping Charges – State or Federal Criminal Offense
Charges of kidnapping are considered an exceedingly serious criminal offense. In simple terms, kidnapping is basically the unlawful taking of another person against their will, with the use of force, threats, coercion or fear.
Kidnapping can also be investigated as a federal crime under the jurisdiction of both state and federal law enforcement agencies, who have worked jointly in resolving such cases.
It is therefore extremely important that if you, a family member or someone you know has been accused or arrested on a kidnapping charge that you contact a skilled criminal defense lawyer without delay.
An accomplished lawyer from our law firm can review all evidence relating to the charges that have been brought against you and establish what can be done immediately to safeguard your rights.
Penalties range from 3 years to life imprisonment without the possibility of parole depending on the seriousness of the kidnapping offenses.
Enlist a Skilled Criminal Attorney
It is in your best interest that you consult with a violent crimes attorney prior to allowing yourself to surrender to police questioning or even a search of your property.
By contacting us you will receive immediate intervention that can benefit your defense. Having persistent and committed legal representation early on has many advantages that can provide a positive impact on the overall outcome of your case.
Lessened charges, penalties, or possibly full exoneration of the kidnapping offense could be achieved, depending on the circumstances of your case.
Kidnapping charges are complex, with many circumstances to be reviewed and documented, so call our office today to find out how our firm can help you.
Our firm provides an initial free consultation to discuss your case and provide you with your legal options.