Posted on August 14, 2017
Orange County Kidnapping Defense Lawyer
Kidnapping as defined under Penal Code § 207, 208, 209, 209.5 is an inherently violent felony offense which carries a mandatory state prison sentence. Indeed, kidnapping is a strike offense applicable to California’s Three Strike Laws. Kidnapping is so serious that in the event someone is killed during the commission of a kidnapping, you could be charged with murder.
The punishment for kidnapping depends on the circumstances of each. In the event a ransom is demanded or a kidnapping occurs during the commission of a carjacking then you face life in the prison without the possibility of parole. However, if no weapon was involved then usually one faces up to 8 years in prison and if the alleged victim is under the age of 14 then your exposure increases carrying up to 11 years.
Nothing less than a full investigation should be conducted into the prosecutor’s evidence while simultaneously seeking mitigating evidence in your favor.
Defenses to kidnapping include that the kidnapping occurred incidental to the underlying crime – i.e., during a robbery; the alleged victim is exaggerating the circumstances; you did not move the victim any distance; the alleged victim was not placed in fear or there was no force used; you reasonably believed you had consent to move the alleged victim; and many more.
If you’re under investigation for kidnapping, contact Orange County Criminal Lawyer John Rogers for a free consultation.