What is Kidnapping?
As a straightforward definition is the action of abducting or capturing someone and holding them captive. For a more detailed definition, in criminal law, kidnapping is the unlawful transportation, asportation and captivity or detention of a person against their will. Usually this kind of act occurs by inflicting violence, force, danger, threat or intimidation.
A more severe level of this crime is aggravated kidnapping which involves abducting a person with the intent to hold him for money or reward, a crime which is related to Extortion Crimes.
Kidnapping Laws in California
California Penal Code Section 207 PC is the main statute that describes the offense of kidnapping in the state of California. It is described as the act of moving another person a substantial distance from his house or place of residence, without the person's consent and will, by using or inflicting force, fear, threat and danger.
Specifically, California Penal Code Section 207(a) PC states that "every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.". And if this person commits this crime in exchange for money or any benefit will be charged as well with aggravated kidnapping.
Punishments for Kidnapping in California
- As a simple kidnapping is a felony and the punishment of this crime is up to 8 years of imprisonment in jail.
- The aggravated kidnapping in California is also a felony and punishment of it is 5 years to a life sentence of imprisonment in jail according to facts and circumstances of the case.
Defense for Kidnapping charges in California
- With Consent of victim
- Lack of intent
- Insufficient Evidence
- False Accusation
California Federal Criminal Defense Attorney Near Me
Kidnapping is a very serious offense in California that can result in a severe penalty of jail time. If you or someone close to you are facing charges for kidnapping in the state of California or you are the victim of this offense, getting in touch with an experienced defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
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