The charges and penalties for simple kidnapping and aggravated kidnapping range significantly from one another, despite the appearance that all kidnapping crimes should be treated similarly. To find out what those variations are, keep reading. Call Chambers Law Firm at 714-760-4088 to get a free legal consultation with a skilled criminal defense attorney if you need one.
Generally speaking, whether or not certain circumstances were present is what distinguishes an aggravated kidnapping from simple kidnapping. For instance, abduction for ransom or reward, kidnapping to commit a robbery, rape, or other sex crime, kidnapping during a carjacking, or if the victim suffers or is likely to suffer death or physical harm are all examples of aggravated kidnapping.
On the other hand, a simple kidnapping occurs when someone is taken without their agreement, moved a considerable distance, and subjected to force or fear. A significant distance is one that is “greater than a little or trifling distance,” according to the law. If the victim is abducted or only travels with the accused because they are required to do so by the accused, they will view this as forcible taking. Threats or physical force are examples of this.
Consequences of convictions for kidnapping
A person may receive a life sentence with the chance of parole if they are found guilty of aggravated kidnapping for ransom or extortion, to commit robbery, rape or other sex crimes, or to assist carjacking. A conviction can result in a life sentence without the prospect of parole if the victim suffers or if there was a high likelihood that they would suffer death or serious physical harm.
Three, five, or eight years in jail are the possible sentences for simple kidnapping. The sentences are raised to five, eight, or eleven years in jail if the victim was under the age of 14.
Options for combating kidnapping charges
You are not automatically going to be found guilty of this crime just because you were arrested for it. There are means of defense. For instance, you might have attempted to safeguard a young person under the age of 14 from danger. The victim may have given you permission to move them, or you may have simply moved them a short distance. It’s possible that you were making a legal arrest.
These are a few illustrations of defenses that frequently apply to abduction accusations. The particulars of your case will determine the best course of action for us to take. For a free legal consultation, call Chambers Law Firm at 714-760-4088. We can discuss your alternatives with you and support you during this trying time.