A bank teller is kidnapped by a robber. A youngster is abruptly picked up from school by an absent parent. The children of a wealthy businessman go missing from their house. Are all of these cases of kidnapping? The answer is that it depends on many factors. Kidnapping is a serious offense in California that is explicitly defined in the law code.
If you are facing charges of kidnapping, contact a criminal defense attorney in Chino CA today to request a consultation.
California Kidnapping Charges
A prosecution must establish that you committed all of the following to be charged with kidnapping in California:
- A person was taken, held, detained, or arrested
- By using force or creating fear
- The person was moved into another country, another state, another county, or a different area of the same county
In California, just keeping someone in the same location does not constitute abduction, although it might be considered wrongful imprisonment. You must also transport the individual a considerable distance.
Transporting someone a “considerable distance” requires that movement fits into at least one of these descriptions:
- It occurred over a geographic border such as a county, state, or country border
- It was done in a way that increased the chance the victim would be harmed
- It was done in a way to decrease the chance of the alleged kidnapper being caught
- There was a distance involved
Crossing a geographical line will always be seen as significant. Relocating a victim from a busy place to an empty spot can be crucial since it increases the risk of injury while also lowering the risk of getting detected.
To be deemed kidnapping in California, a person must take someone across a significant distance and use force or induce fear as part of the abduction or detainment. In most cases, this indicates the victim was kidnapped using physical force or threats of bodily damage.
Ask a Criminal Defense Attorney in Chino CA: What Is the Difference Between Simple and Aggravated Kidnappings?
In California, kidnapping is always a crime. The law distinguishes between two types of kidnapping: simple and aggravated kidnapping. A third factor must be present for an abduction to be classified as aggravated.
Any of the following components can be included in this group:
- If the victim is under the age of 14 and was persuaded by force, intimidation, or deception
- The kidnapping occurred in connection with a carjacking
- The kidnapping resulted in serious harm or death
- The kidnapping was done for ransom or extortion
- he kidnapping was carried out for other unethical reasons
In California, you can be charged with aggravated abduction if any of these things happen during the crime. Your criminal defense attorney in Chino CA can help you find the best legal defense to whatever you are charged with. To talk to an experienced attorney today, call Chambers Law Firm at 714-760-4088.
