Kidnapping may be charged in one of two ways.
The crime of kidnapping happens less often than people may think. More frequently, what we refer to kidnapping is often better described as custodial interference or child abduction, which occurs when a person is deprived of their right to custody or visitation. According to Kids Live Safe, abduction is far more common than kidnapping — and abduction most often involves family members.
However, this doesn’t mean that kidnapping isn’t a real crime, or that it never happens. As a criminal defense lawyer in Orange County, CA, there are two criminal charges related to kidnapping in California: simple kidnapping and aggravated kidnapping.
Simple kidnapping may be charged with a defendant takes, holds, or detains another person through the use of force or fear, uses that force or fear to move that person a substantial distance, and the other person did not consent to that movement. For purposes of this law, substantial distances means something more than a slight or trivial distance.
A prosecutor may elevate a simple kidnapping charge to aggravated kidnapping if the kidnapping was done for a ransom, reward, or to commit extortion, or if it was done to commit robbery or a sexual offense. It may also be charged if a third person is kidnapped during the commission of a carjacking, or if the victim suffers or is substantially likely to suffer death or serious bodily harm during the kidnapping. If a person is kidnapped for ransom or extortion, the prosecutor does not have to prove that the person was moved. Instead, it is enough to show that they were seized, confined, or held.
Whether it is charged as simple or aggravating kidnapping, it is a felony offense. The punishment for simple kidnapping is between 3 and 8 years in state prison, or 5 to 11 years if the victim is under 14 years of age. For aggravated kidnapping, the punishment is life in prison without the possibility of parole (kidnapping for ransom or extortion, or if the victim suffers death or bodily harm) or life in prison with the possibility of parole (kidnapping to commit robbery, rape or another sexual offense, or kidnapping to facilitate carjacking).
As demonstrated by these potentially penalties, kidnapping is an incredibly serious criminal offense. If you have been charged with kidnapping, your criminal defense lawyer in Orange County, CA may be able to defend you based on the facts of the case or California law. For example, if there was only incidental movement of the victim, then you may be able to have the charges reduced or dismissed. For example, if you break into someone’s house and make them go into another room to open up a safe to steal their valuables, that may not be considered substantial movement to support a kidnapping charge. However, you can still be charged with other crimes related to these actions.
At the Chambers Law Firm, we are aggressive advocates for each of our clients. We work hard to help them achieve the best possible outcome in each and every case. To learn more or to schedule a free consultation with a member of our team, contact us today at 714-760-4088 or dchambers@clfca.com.
