Answers from a Los Angeles Kidnapping Defense Attorney
Kidnapping (PC 207) is a very serious charge in California. A Kidnapping conviction carries with it a Strike under California’s Three Strikes Law. If you or someone you love has been arrested for Kidnapping, you need to act. Speak with an experienced Los Angeles Kidnapping attorney to fight these charges.
What does the prosecution have to prove to convict someone of assault with a deadly weapon?
What does the prosecution have to prove to convict someone of Kidnapping?
To convict someone of Kidnapping, the prosecution must establish all the following elements:
- The accused unlawfully moved the alleged victim by force or fear;
- The alleged victim did not consent to being moved;
- The distance moved was significant.
Penalties and Sentencing for Kidnapping Charges
Kidnapping is a “strike” offense under California’s Three Strikes Law.
If convicted of Kidnapping, the accused faces:
- Up to 6 years in prison
- Victim restitution costs, where applicable
- A strike under California’s Three Strikes Law
- Fines of up to $10,000
Types of Kidnapping Charges
In California, there are numerous subsections of Kidnapping. Depending on the subsection, the penalties for Kidnapping may increase significantly.
PC 207(b) is Kidnapping a Victim Under 14. A person accused of this charge faces up to 11 years in prison.
PC 209(b)(1) is Kidnapping for Ransom. A person accused of Kidnapping for Ransom faces Life in prison.
PC 209.5(a) is Kidnapping for Carjacking. A person accused of Kidnapping for Ransom faces Life in prison.
Can I get Probation for Kidnapping in Los Angeles?
Kidnapping is a strike offense and is punishable by prison time. However, a skilled Los Angeles Kidnapping defense attorney may be able to get someone accused of Kidnapping a reduced charge and possibly probation.
If you need help with a Kidnapping charge, you can call us anytime for a free consultation: (213) 377-6102.
Defenses to Kidnapping Charges
If the alleged victim agreed to go with the accused, depending upon the circumstances, the accused may not be guilty of Kidnapping.
Lack of Substantial Movement
Was the distance that the accused moved the victim minimal? If so, a skilled Los Angeles Kidnapping attorney may be able to get the charges dismissed.
Did the accused move the victim to protect them? If so, the necessity defense may apply. An experienced Los Angeles Kidnapping attorney can investigate the necessity defense. A successful necessity defense means that the accused is not guilty.
Help from a Los Angeles Kidnapping Defense Attorney
If you or a loved one have been accused of Kidnapping, we can help. Call us at (213) 377-6102 for a free consultation with an attorney about your case.