Depending on the facts of the case, aggravated kidnapping may lead to life in prison.
Kidnapping is a common term that most of us are familiar with, from pop culture or just from general use. Yet many of us are not familiar with the technical, legal definition of kidnapping. In California, kidnapping occurs when one person holds, detains or arrests another person in California and carries that person into another country, state, county or into another part of the same county by force or fear.
This may be what you think of when you watch a movie and see a child snatched off of the street and taken somewhere else — that’s kidnapping! But in many cases, what we actually are thinking about is a higher level of crime known as aggravated kidnapping.
As a criminal defense lawyer in Rancho Cucamonga, CA can explain, aggravated is a term used in criminal law that simply means that something is more serious. Kidnapping becomes “aggravated” when any of the following factors are present:
- It was done for ransom, reward, or extortion;
- The victim suffered seriously bodily harm or death;
- It took place during a carjacking;
- It was done for robbery, rape, or another sexual offense;
- It was committed on a victim under the age of 14 through the use of fraud, force, or fear.
When you add these elements, it becomes obvious that what many of us think of as “kidnapping” based on TV, movies, and books is probably aggravated kidnapping under California law.
The difference between the two levels of this crime matters, particularly when it comes to sentencing. Depending on the facts of the case, a person who is convicted of aggravated kidnapping could spend their life in prison. According to a criminal defense lawyer in Rancho Cucamonga, CA, the following maximum sentences apply to aggravated kidnapping:
- It was done for ransom, reward, or extortion: life in prison without the possibility of parole.
- The victim suffered seriously bodily harm or death: life in prison without the possibility of parole.
- It took place during a carjacking: life in prison without the possibility of parole.
- It was done for robbery, rape, or another sexual offense: life in prison without the possibility of parole, and may be required to register as a sex offender.
- It was committed on a victim under the age of 14 through the use of fraud, force, or fear: up to 11 years in state prison.
Any type of aggravated kidnapping conviction will also be considered a strike for purposes of California’s three strikes law. This is significant, because it means that any additional strike — or another felony conviction — will result in enhanced sentencing.
There are a number of possible defenses to a change of kidnapping, based on the specific facts of the case. A skilled criminal defense lawyer in Rancho Cucamonga, CA can work with you to investigate the case thoroughly and develop a strong legal and factual defense.
At the Chambers Law Firm, we have substantial experience representing clients who have been charged with a range of crimes, including kidnapping. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
