Posted on September 30, 2018

Orange County Kidnapping Attorney

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Have you been charged or are under investigation for kidnapping in Orange County? If so, then retaining an experienced and skilled Orange County kidnapping attorney may be one of the most important decisions your make. The Law Offices of John D. Rogers has extensive experienced handling all forms of violent crimes in California. We provide unmatched representation by conducting thorough investigations and litigate tenaciously on behalf of each client. Contact us today if you are charged kidnapping since early intervention can mean the difference of a state prison sentence or having your case rejected entirely.

Federal Crimes

Overview of California Kidnapping Laws

In California, kidnapping is charged under penal code 207 pc making it a crime to hold, move, or cause an arrest of a person by means of force or instilling fear.[1] The charge can become even more aggravating if the purported victim was under the age of 14 or the purpose of the kidnapping was to accomplish involuntary servitude. Kidnapping is a very serious offense and it is enumerated under California law as an inherently violent felony. Additionally, a conviction is a “strike” applied to California’s three strike laws.

To be found guilty of this offense, the prosecutor must prove:

  1. You took, held, or detained another person by using force or by instilling reasonable fear;
  2. Using that force or fear, you moved the other person [or made them move] a substantial distance;
  3. The other person did not consent to the movement;
  4. And you did not actually or reasonably believe the other person consented to the movement.[2]

Defending Kidnapping Charges in Orange County

A skilled kidnapping lawyer in orange county may be able to deflect the government cases in a number of ways. For instance, the government’s case could be built upon a former spouse who claims you kidnapped the child in order to gain more level in divorce proceedings. Additionally, the movement may have not been legally substantial for kidnapping to even apply. Last, the purported victim could have consented to the movement and/or it was not done by instilling force or fear.

Punishment & Sentencing

PC 207 is punishable in the state prison for 3, 5, or 8 years.[3] However, if more aggravating circumstances are present, such as the alleged victim being under 14, the you face a prison term of 5, 8, or 11 years in state prison.[4]

In circumstances where the court imposes an alternative to state prison, such as granting probation, the court must sentence a person to a period of incarceration for a period of 12 months. Furthermore, any incarceration period less than 12 months must be in the interests of justice.[5]

Contact an Experienced Orange County Kidnapping Attorney

If you have been charged or are under investigation for kidnapping under PC 207, there is no question that you must retain an experienced and reputable criminal defense lawyer in Orange County. Contact the Law Offices of John D. Rogers today to schedule your free confidential consultation concerning your rights and defenses.

Related Offenses

 

 

Footnotes:

[1] (a) 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.

[2] See CALCRIM No. 1215: https://www.justia.com/criminal/docs/calcrim/1200/1215/

[3] Penal Code 208(a): “Kidnapping is punishable by imprisonment in the state prison for three, five, or eight years.”

[4] See Penal Code 208(b): “If the person kidnapped is under 14 years of age at the time of the commission of the crime, the kidnapping is punishable by imprisonment in the state prison for 5, 8, or 11 years. This subdivision is not applicable to the taking, detaining, or concealing, of a minor child by a biological parent, a natural father, as specified in Section 7611 of the Family Code, an adoptive parent, or a person who has been granted access to the minor child by a court order.”

[5] (c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.

 

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