Kidnapping

Kidnapping is knowingly or intentionally abducting a person against their will. The crime can be simple or aggravated kidnapping. Both types are felonies carrying severe and life-altering penalties, including heavy fines and lengthy incarceration. If you have been accused of violating PC 207, you need a Palm Desert-based lawyer with skills, resources, insight, and experience to help you fight for your freedom, rights, and life. At Desert Defense Lawyers, we understand what is at stake and can offer you the tenacious advocacy and individual support you need to obtain the most favorable case outcome.

Everything You Need to Know about Kidnapping

According to PC 207, kidnapping involves moving somebody else a considerable distance without the individual’s permission, using fear or force.

There are two types of kidnapping in California:

Simple Kidnapping

It occurs when a defendant moves somebody else without the person’s permission by application of fear or force.

Aggravated Kidnapping

The crime happened when you moved another individual without the victim’s consent by applying fraud, fear, or force and:

Your alleged victim is below 14
You held the alleged victim for a reward or ransom
You violated PC 207 when violating carjacking laws
The victim died or sustained bodily harm

Elements of the Crime

Discussed below are legal phrases and terms to help you understand the definition of kidnapping. The prosecutor must prove them to obtain a conviction.

You Move Somebody Else

To violate PC 207, you should have moved the victim beyond a trivial or slight distance. The movement should be significant.

To determine whether your movement is considerable depends on many factors, including the following:

The distance you moved
Whether your movement heightened the threat of injuries to the victim
Whether your movement reduced the chances of being arrested

Whether the distance is significant enough to warrant a sentencing is within the judge’s discretion. No amount of distance automatically qualifies to be considerable. Therefore, it is an issue that your defense lawyer can challenge.

If you are accused of aggravated kidnapping after violating the underlying crime, the movement should be beyond what is incidental to your underlying offense. Otherwise, the judge should dismiss your kidnapping charges.

Without the Victim’s Consent

It means the victim fought or protested before you moved them (they involuntarily agreed to move with you).

Some of the persons that the law considers cannot give lawful consent are:

Minor children
A mentally incapacitated person due to intoxication or a mental health condition

Fraud, Fear, or Force

To be found guilty of kidnapping, you should have applied violence, threats, fraud, or force.

Fear or force implies that you inflicted physical force on the victim or threatened to cause them pending physical harm.

Perfect instances of the application of force to kidnap are as follows:

Restraining the victim to move them
Dragging a person to a given location
Beating a person until they are unable to resist

Regarding kidnapping a juvenile, the only physical force required is taking and carrying the minor away.

Fear can include any of the following:

Demanding the victim to comply after you pull a gun’s trigger
Threatening to sexually or physically abuse the victim if they fail to adhere to your demands
Threatening to injure the victim’s relative if they fail to adhere to your demands

Defining Fraud

Fraud is deliberate deception made to obtain personal gain. If the defendant makes a false promise or misleads their victim and the fraudulent representations persuade them to agree to be moved, the accused fraudulently acquires the permission.

Fraudulent consent is the same as no consent. Individuals can only voluntarily agree to the facts they know they have permitted.

Moving a person through fraudulent means without accompanying fear or force is not kidnapping. Fraud only becomes effective under aggravated circumstances, including the following:

Kidnapping a minor below 14 to violate PC 288 (engaging in lewd conduct with a child)
Kidnapping an individual to leave California to sell them into involuntary servitude or slavery
Kidnapping somebody else from a different state and taking them to California

If the victim had initially agreed to be moved and then withdrew the consent, you break PC 207 when you continue moving the person a considerable distance.

Penalties and Consequences of Violating PC 207

Kidnapping in California is a continuing crime; the crime continues provided you detain the victim. Even when you move the person from Point A to Point B, the prosecution can find you guilty and sentence you for one kidnapping instance.

The criminal penalties and consequences for kidnapping vary depending on your case circumstances.

Simple kidnapping is charged as a felony that attracts the following maximum penalties:

Eight years in state prison
A fine of $10,000

On the other hand, aggravated kidnapping is a felony punishable by:

Five to eleven years in prison if the victim is below 14 when you committed the crime
Life imprisonment with parole if you kidnap a person for a reward, ransom, or commit extortion, carjacking, robbery, or a sex crime
Life imprisonment without parole if you kidnapped the victim for a reward, ransom, or commit extortion and the victim sustained bodily harm or died, or is in a situation that exposes the victim to significant possibility of death.

Three Strikes Law

Both aggravated and simple kidnappings are violent felonies and serious felonies.

It means a kidnapping conviction is a strike under the three strikes law.

If you are charged with another felony and have a previous strike on your criminal record, you become a second striker. You will serve twice the sentence the law requires you.

If you are charged with a third-time felony and have two previous strikes, you become a third striker. In this case, you will serve 25 years to life imprisonment.

Beating PC 207 Criminal Charges

While kidnapping comes with severe penalties, there are defenses that can get your charges dismissed or kidnapped. Your defense attorney can collect and review evidence to develop the most viable legal strategies. These defenses include the following:

The Victim Agreed You Move Them

One defense is that the victim permitted you to move them. You can argue that the victim’s conduct indicated that the victim voluntarily accompanied you to your destination. In this case, the judge can acquit you even when the victim claims later that you kidnapped them.

There was an Inadequate Movement to be Considered Kidnapping

Remember, you cannot be convicted of kidnapping if you moved the victim a distance that did not increase the victim’s risk of harm or a trivial distance. If this holds, the court should dismiss your charges.

You Did Not Commit the Kidnapping Crime but was Present During its Commission

If you did not know of the defendant’s kidnapping plans, the judge should acquit you of the criminal charges.

Nevertheless, if a loved one had told you of their intention and you encouraged or facilitated the plan, you would be prosecuted for aiding and abetting. Aiding and abetting carries the same criminal penalties as kidnapping.

You are a Victim of False Accusation/ There is Insufficient Evidence

If the prosecutor has filed a simple kidnapping without an additional or underlying crime, you can base your case on he-said/she-said accusations. It is effortless to defend your criminal charges if no evidence exists other than what the victim says.

For instance, without texts/phone calls from the victim seeking help or credible witnesses, your attorney could prove that you are a victim of false accusation. It can affect your accuser’s credibility.

Typically, people make false allegations when they are angry, jealous, or want to seek vengeance. Individuals make false accusations to obtain an advantage over another or to have control during highly contested child custody proceedings.

You Have a Right to Travel with Your Children

You can travel with a juvenile as their parent with legal custody of the minor. Therefore, you cannot be convicted of kidnapping if you carry your children on a trip even without your spouse’s permission.

Please note that this defense does not apply when you move or take your child to commit a crime.

Statutory Exemptions

On top of the legal strategies discussed above, there are other defenses to kidnapping. The judge cannot sentence you for Penal Code Section 207 PC if:

You stole, harbored, took, or concealed a child below fourteen if you acted so to safeguard a minor from the immediate risk of harm
You placed the victim per PC 837 (citizen’s arrest)

PC 837 allows a person to make a citizen’s arrest when they witness a crime commission or reasonably believe the person committed a California felony. Before arresting the person, you should inform them you are arresting them and give the reason for the arrest.

Related Offenses

There are crimes that the prosecutor can charge alongside or instead of kidnapping.

Kidnapping During a Carjacking

You violate PC 209.5 when you kidnap a person when committing a carjacking.

The crime is a violent felony. It attracts life imprisonment with the possibility of parole. A conviction is also a strike.

False Imprisonment of a Hostage to Avoid Arrest

PC 210.5 makes it illegal to take a human shield.

The crime is a California wobbler (the prosecution can file the crime as a felony or a misdemeanor depending on your criminal history and case facts. A felony is punishable by a three-year jail sentence.

False Imprisonment

PC 236 makes it illegal to illegally restrain, detain, or confine a person against their will.

The crime is a wobbler. A misdemeanor is punishable by a fine of $1,000 and a year in jail. A felony attracts a fine of $10,000 and three years in jail. However, the maximum sentence becomes four years if the alleged victim is a dependent adult or a senior citizen.

Sometimes, judges convict defendants of false imprisonment instead of kidnapping because the latter is a less severe crime.

Child Abduction

Child abduction under PC 278 happens when an individual without legal custody takes a juvenile and keeps them away from the legal guardians or parents.

The crime is a wobbler. A felony carries four years in state prison and a fine of $10,000, while a misdemeanor is punishable by the following potential penalties:

$1,000 in fines
A year in county jail

Deprivation of Custody

PC 278.5 defines deprivation of custody as taking, enticing away, concealing, withholding, or keeping a child with the malicious intent to deprive the legal custody of child custody or visitation.

The crime is a wobbler. A misdemeanor is punishable by summary probation, a year in jail, and a $1,000 fine. If convicted of a felony, you will serve three years in jail, formal probation, and pay a fine of $10,000.

The judge could enhance your penalties if the following aggravated factors exist:

You exposed the minor to a significant risk of illness or physical injury
You abandoned the minor.
You did not return the minor to the legal custodian
You changed the child’s name or appearance
You took the baby outside of America

Steps to Take If You are a Victim of False Accusations

You could be innocent of violating PC 207 but do not know your constitutional rights or what to do. You should hire a skilled defense lawyer who has previously handled similar cases. The legal professional can assist you in developing defenses to beat your criminal charges. Discussed below are ways to protect yourself and your freedom and rights.

Recognize the seriousness of your PC 207 accusations — You must understand your allegations and potential criminal penalties. While you might be innocent, you should not assume the prosecution team will perceive your case your way. Taking your allegation seriously, you make decisions that increase your chances of obtaining the most favorable case outcome.
Know the cost of defense — Building robust defense strategies can be costly regarding the investigation, expert witness, and attorney fees you should pay. Although spending money to fight the allegation might seem unfair, you should do whatever it takes to build your defense.
Intervene before the prosecutor files the criminal charges — One advantage of seeking legal representation is the ability to take proactive steps that could lead to never being prosecuted for kidnapping. The lawyer can meet with the prosecutor and convince them that you are not the perpetrator.
Gather the relevant documents and evidence — Collect any evidence that could assist your case and give it to your lawyer. Also, gather documentation like emails, GPS data, receipts, and correspondence to establish your whereabouts during the crime commission.
Additionally, make a list of witnesses who can give details about the kidnapping incident, the victim, and your accusations.
Conduct investigations — After the prosecutor files the kidnapping charges against you, your lawyer will perform thorough investigations, hire expert witnesses, and interview witnesses. The investigations help analyze the gaps and strengths of your defense and the prosecutor’s evidence.
Engage in plea bargain negotiations — Sometimes, suspects engage in plea bargain negotiations with the prosecution. A plea bargain involves the defendant pleading guilty to less severe charges instead of risking more severe penalties and a criminal record. After your attorney has reviewed your case, they can tell you whether taking the prosecutor’s offer is in your best interest.

Why You Should Not Speak with the Police Without Legal Representation

Under the 5th Amendment to the Constitution, you are entitled to remain silent when police want to interrogate you. You should invoke the right, avoid answering the officer’s questions, and ask for your lawyer. Here are reasons why you should not speak with the law enforcers.

Talking to the Officers Will Not Help

Despite the belief that cooperating with police officers will work for you, you should recognize that voluntary statements occasionally contribute positively to criminal cases. The police officers are speaking with you because they think you kidnapped the victim.

Despite Your Innocence, Making Statements Can be Tricky

If you are innocent or a victim of false accusation, you might think getting into a conversation would help.

Nevertheless, even when you have nothing to conceal, there is a likelihood that you might tell white lies, misspeak, provide incomplete details, or make inconsistent statements when you answer the law enforcer’s questions.

The Police Can Miscontrue Your Statements

Like anyone else, police officers are human people and subject to misconceptions and biases. The officers can interpret your well-intentioned statements in a way you did not intend. They could twist your seemingly harmless phrases to fit their preconceived biases or notions, resulting in incorrect events.

Moreover, the officer might not recall what you said correctly. If the police did not record the conversation, it would be their word against yours.

You Might Confess

The inclination to confess due to the desire to have a lenient charge, pressure, or fear is a common mistake most defendants make when speaking with law enforcers. Do not confess without first consulting your defense attorney. It becomes challenging for your lawyer to mitigate or dispute the effects after admitting guilt.

Also, you might have a strong case defense even when you violated PC 207. For instance, your attorney can bring a motion to suppress evidence against you, resulting in case dismissal or reduced criminal charges through plea bargain negotiation.

Police Do Not Engage in Plea Bargaining

Do not be fooled when the officers promise to help you if you speak with them. Police officers neither have the power to negotiate on behalf of the prosecutor nor offer a plea bargain.

Find Competent Legal Help Near Me

Facing kidnapping criminal charges is terrifying and can turn your world upside down. A mere accusation can adversely affect your reputation, put a strain on relationships, and lead to many years of incarceration. You require a powerhouse defense lawyer in Palm Desert to fight to have the chances dismissed or reduced. Irrespective of how dire your kidnapping charges might seem, the legal team at Desert Defense Lawyers believes you are innocent until proven guilty. We can walk you through the criminal judicial process, develop a legal strategy, answer your questions, and address your concerns. Once you call us at 888-293-0396, we can start through independent investigations to build your defense.