Orange County Kidnapping Lawyer

What Are the Penalties for a Kidnapping Conviction in California?

The punishments for kidnapping in Orange County will depend on whether the charges are simple or kidnapping. Keep in mind that kidnapping is also often charged in connection with another crime, such as child abduction (a separate offense) or a violent crime. This means you could be facing multiple criminal charges, each with their own sentencing guidelines and requirements.

Even simple kidnapping is a felony offense. Penalties include 3, 5, or 8 years of prison time as well as fines of up to $10,000. Aggravated kidnapping is also a felony offense, but the punishments can be much more severe, including the potential for life imprisonment. Aggravated kidnapping also counts as a “strike” under California’s three strikes law. If you accumulate three strikes, you could face a mandatory minimum sentence of 25 years in prison.

Child abduction is a “wobbler” offense, meaning it can be charged as a misdemeanor or a felony depending on the facts of the case. Felony child abduction charges carry penalties of up to 4 years of incarceration and up to $10,000 in fines.

You need a strong defense to successfully combat kidnapping charges, so do not wait to schedule an initial consultation. Call (714) 266-3945 or fill out an online contact form to get started.

Understanding California’s Kidnapping Laws

The state’s kidnapping laws cover a variety of offenses that involve abducting another person against their will or without their consent. Each charge has specific criteria.

Someone commits kidnapping if they:

• Move another person a substantial distance. Whether an alleged victim was moved a sufficiently substantial distance tends to be decided on a case-by-case basis. Generally, if the distance made it less likely for the alleged kidnapper to be caught or increased the likelihood of harm to the alleged victim, it will be considered adequately substantial to warrant criminal charges.
• Without their consent. No kidnapping has occurred if someone is willingly moved a substantial distance by another person. However, minors and mentally incapacitated individuals cannot give consent. An exception is made for minors when the person facilitating their movement is also their legal custodian.
• Using physical force, fear, or fraud. Kidnapping only occurs if the alleged defendant physically moved the alleged victim against their will, threatened them into compliance, or committed fraud to compel them to move.

These are the requirements for “simple” kidnapping. Someone can be charged with “aggravated” kidnapping if the offense involves one or more aggravating factors.

A person could face aggravated kidnapping charges if:

• The victim is held for ransom
• The victim is harmed or killed
• The victim is less than 14 years of age
• The victim is abducted in connection with a carjacking

California prosecutes other kidnapping-related offenses, as well. Child abduction occurs when someone tries to keep physical control of a child that they do not have legal custody of. Deprivation of a child custody order charges may be pursued when someone abducts a child in violation of a child custody order, including a visitation right. Even a biological parent, legal parent, or legal guardian can face these charges if their actions violate a child custody order.

Understanding the criminal charges brought against you is paramount, which is why it is in your best interest to get advice from an Orange County kidnapping attorney after an arrest. Attorney Goodman can evaluate the facts of your case, review your rights and options, and get to work on building your defense.