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Facing kidnapping charges in San Diego can be a terrifying experience. The potential consequences of a conviction are severe, including lengthy prison sentences and a permanent criminal record. If you or a loved one has been accused of kidnapping, it’s essential to have a skilled and experienced criminal defense team by your side.
At David P. Shapiro Criminal Defense Attorneys, we understand the gravity of kidnapping charges and the impact they can have on your life. Our team has extensive experience defending clients against a wide range of violent crime accusations, including kidnapping and related offenses. We know what it takes to build a strong defense strategy and fight for the best possible outcome in your case.
Under California Penal Code Section 207, kidnapping is defined as moving a person a substantial distance by force or fear without their consent. This can include physically forcing someone to go somewhere against their will or using threats or intimidation to make them comply.
There are several different types of kidnapping charges in California, each with its own set of elements and potential penalties:
Simple kidnapping is the most basic form of the offense under Penal Code Section 207. To convict someone of simple kidnapping, prosecutors must prove that the defendant:
Simple kidnapping is a felony offense, punishable by up to 8 years in state prison.
Kidnapping a child under the age of 14 is a more serious offense than simple kidnapping under Penal Code Section 207(b). To convict someone of this crime, prosecutors must show that the defendant:
Kidnapping a child under 14 is punishable by up to 11 years in state prison.
Aggravated kidnapping charges under Penal Code Section 209 apply when the offense is committed for a specific illegal purpose, such as:
Aggravated kidnapping is an extremely serious offense, punishable by life in prison with the possibility of parole.
In any kidnapping case, the issue of consent is critical. If the alleged victim willingly went with the accused, it can be a strong defense against the charges. However, children under a certain age and individuals with mental impairments may be deemed legally incapable of giving consent.
In addition to kidnapping, there are several related offenses that individuals may face in San Diego. These include:
False imprisonment involves intentionally restraining, detaining, or confining someone without their consent. The main difference between false imprisonment and kidnapping is that false imprisonment does not require moving the victim a substantial distance.
Child abduction occurs when someone maliciously takes, entices away, keeps, withholds or conceals a child from their legal custodian. This offense is often charged in cases of parental kidnapping, where one parent takes a child without the other parent’s consent or in violation of a custody order.
Human trafficking involves using force, fear, or coercion to compel someone into labor or services, including sexual exploitation. In some cases, kidnapping may be a component of a human trafficking offense.
If you’re facing kidnapping or any of these related charges, it’s crucial to have a defense lawyer who understands the nuances of each offense and how to effectively challenge the prosecution’s case.
The potential penalties for a kidnapping conviction in San Diego depend on the specific type of offense and the circumstances of the case. In general, however, kidnapping is a felony crime that may carry severe consequences.
Simple kidnapping is punishable by up to 8 years in state prison. Aggravated kidnapping, on the other hand, can result in a life sentence. If the alleged victim suffers bodily harm or death during the kidnapping, the penalties are even more severe.
In addition to prison time, a kidnapping conviction can have far-reaching consequences, including:
Given the high stakes involved, it’s essential to mount a strong defense against kidnapping charges from the very beginning of your case.
While kidnapping is a serious offense, there are several potential defenses that a skilled attorney can raise on your behalf. Some common defenses to kidnapping charges include:
Every case is different, and the best defense strategy will depend on the specific facts and circumstances of your situation. That’s why it’s so important to have an experienced kidnapping defense lawyer thoroughly review your case and advise you on your options.
When you’re facing kidnapping charges in San Diego, having the right defense team can make all the difference in the outcome of your case. Here are some key qualities to look for in a kidnapping defense lawyer:
At David P. Shapiro Criminal Defense Attorneys, we pride ourselves on providing client-focused representation to individuals accused of kidnapping and related offenses.
At David P. Shapiro Criminal Defense Attorneys, we are committed to providing the highest quality criminal defense representation to our clients,and we have a proven track record of success defending clients against kidnapping and other serious felony charges.
When you hire our firm, we will:
The sooner you involve a skilled defense lawyer in your case, the better your chances of achieving a favorable result. We can help protect your rights during the investigation process, negotiate with prosecutors on your behalf, and ensure that you understand all of your options.
When you’re facing something as serious as kidnapping charges, you need a defense team that will stand by your side and fight for you every step of the way. That’s exactly what you’ll find at David P. Shapiro Criminal Defense Attorneys.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
While kidnapping and false imprisonment are related offenses, there are some key differences between the two crimes. Kidnapping involves moving a person a substantial distance by force or fear without their consent. False imprisonment, on the other hand, involves intentionally restraining, detaining, or confining someone without their consent but does not require moving the victim any particular distance.
Another difference is that kidnapping is a felony offense in California, while false imprisonment can be charged as either a misdemeanor or a felony, depending on the circumstances of the case. If you are facing charges for either of these offenses, it’s essential to consult with a knowledgeable criminal defense attorney who can help you understand the specific elements and potential penalties of the charges against you.
Yes, it is possible to be charged with kidnapping your own child in California. This is often referred to as “parental kidnapping” or “child abduction.”
Under California Penal Code Section 278, it is illegal for a person to maliciously take, entice away, keep, withhold, or conceal a child from their lawful custodian. This means that if you take your child without the other parent’s consent or in violation of a custody order, you could face criminal charges.
Parental kidnapping can be charged as either a misdemeanor or a felony, depending on the circumstances of the case. Penalties could include fines, probation, and even time in county jail or state prison.
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