Are you facing kidnapping charges? Even if the alleged victim is your own child, you could face serious penalties for kidnapping and related charges. The fact that you are the parent of the child might be a defense in some circumstances, but there are a variety of related crimes you could be charged with.
Can a parent kidnap their own child?
Generally speaking, a parent who has lawful custody of their child would have the right to travel with the child, even without permission from the other parent. HOWEVER, if you have a custody order, your rights might be more limited, and YOU NEED TO FOLLOW WHAT YOUR COURT ORDER SAYS. The Chambers Law Firm does NOT handle family law matters, such as child custody, so you should contact an experienced family law attorney if you have questions about your custody rights.
But when situations become so serious that that they become criminal matters, the Chambers Law Firm is here to help. If you are a parent being charged with a crime of kidnapping your own child in Southern California, don’t wait to call us!
What is kidnapping?
Kidnapping is the act of moving another person a substantial distance without their consent, through the use of physical force or the threat of imminent physical harm. A “substantial distance” could mean even just a few feet, depending on the circumstances.
The offense is considered aggravated kidnapping if the victim is under 14, if the kidnapper demands ransom, if the victim is killed or seriously hurt, or if the kidnapping is part of a carjacking or other serious crime.
Kidnapping and aggravated kidnapping are felonies. A kidnapping conviction could bring up to eight years in state prison, and for aggravated kidnapping, five years and life.
Similar crimes in California
There are a lot of different crimes that describe what we basically think of as kidnapping—and some things that don’t exactly sound like kidnapping, but are illegal because they are considered harmful to the child and parents.
Kidnapping, child abduction, child detention, and child stealing are all different crimes that you might be charged with. Each crime has different elements (requirements) that the prosecution must prove before you can be found guilty of a certain crime. Some of these crimes are “wobblers,” which means that the same crime could be prosecuted as either a felony or misdemeanor—and the maximum punishments will be different, depending on how you are charged.
Defenses
California law has a lot of categories so that prosecutors have a lot of options. If a child was put in a potentially harmful situation, the prosecutor wants to be sure that the alleged kidnapper will be punished for something. What that means for you as a defendant is that it can be difficult to defend yourself against all these various charges—so be sure you hire a skilled criminal law attorney like Dan E. Chambers who has experience building great defenses in tough cases.
If you have questions about your kidnapping case, make an appointment today with top defense attorney Dan E. Chambers. You can call 714-760-4088, email dchambers@clfca.com, or send an online message via the Chat box at the bottom right of this page.
