Learn the Difference Between Simple Kidnapping and Aggravated Kidnapping in California

Learn the Difference Between Simple Kidnapping and Aggravated Kidnapping in California

It might seem that all kidnapping charges should be similar but the truth is that there are significant differences in the way simple kidnapping and aggravated kidnapping are charged and punished. Keep reading to learn what those differences are. If you are in need of a free legal consultation with an experienced criminal defense attorney, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.

Examples of Aggravated Kidnapping

Generally speaking, the main difference between aggravated and simple kidnapping is whether or not certain circumstances were present. For example, aggravated kidnapping would include someone kidnapping for ransom or reward, kidnapping to commit a robbery, rape, or another sex crime, during a carjacking, or if the victim suffers or is likely to suffer death or bodily harm.

The Definition of Simple Kidnapping

On the other hand, simple kidnapping refers to moving another person without their consent, by using either force or fear, and moving them for a substantial distance. The law defines substantial distance as “more than a slight or trivial distance.” They consider it forcible taking if the victim is taken or only goes with the accused because they are compelled by the accused to do so. This can include physical force or threats.

Consequences for Kidnapping Convictions

If a person is convicted of aggravated kidnapping for ransom or extortion, to commit robbery, rape or other sex crimes, or to facilitate carjacking, they could be sentenced to life in prison with the possibility of parole. If the victim suffers, or there was a significant chance that they would suffer death or bodily harm, then a conviction can bring a sentence of life in prison without the possibility of parole.

Simple kidnapping can be punished with three, five, or eight years in prison. If the victim was under 14 years of age then the terms are increased to five, eight, or eleven years in prison.

Defense Options for Charges of Kidnapping

Just because you are arrested for this crime does not mean that you will be convicted. There are defense options. For example, you might have been protecting or trying to protect someone under the age of 14 from harm. You might have had the consent of the victim, or you only moved them a short distance. You might have been making a lawful arrest.

These are some examples of defenses that are often applicable to kidnapping charges. The right way for us to handle your case will depend on the specifics of your case. You can contact Chambers Law Firm at 714-760-4088 for a free legal consultation. We can go over the options for you and help you through this difficult time.

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