Rancho Cucamonga Kidnapping Lawyer

How Many Years in Prison for Kidnapping in California?

The California Penal Code §207-209.5 states that kidnapping is the act of taking an individual and moving them a substantial distance by use of force or fear of harm. There are many other different elements involved in this kind of charge and there are many different penalties that the individual who is convicted of this crime can face. According to §208 of the California Penal Code, the penalties for kidnapping can include a prison sentence in the state prison for up to eight years, if the individual who was kidnapped is under 14 years of age, then the maximum prison sentence increases to 11 years.

Looking for a lawyer for a kidnapping case in California? If you have been charged with the crime of kidnapping in Southern California then you could face serious penalties for conviction. It is vitally important that you retain the skillful legal assistance of a Rancho Cucamonga kidnapping lawyer in order to prevent wrongful conviction and to maximize your chances of a favorable outcome of your case in court. At The Law Offices of Kirk Tarman & Associates we have many years of experience in serving the criminally accused residents of Rancho Cucamonga and San Bernardino, California and the surrounding areas.

If you're facing serious kidnapping charges, it's time to get a dedicated Rancho Cucamonga kidnapping lawyer on your side. Schedule a free consultation by calling (909) 658-7341 or contacting us online now!

What is Kidnapping in California?

Kidnapping is not limited to physical abduction; it can also apply in situations where a person is confined or restrained without consent, including during a robbery or a domestic violence incident. Kidnapping charges can apply whether the victim is an adult or a child, and depending on the circumstances, it can range from a felony with serious penalties to a more minor charge in rare cases.

In general, kidnapping in California can be divided into two categories:

• Simple Kidnapping (California Penal Code 207(a)): This is the basic form of kidnapping, where a person is taken against their will and moved from one location to another. The penalties for this offense can include up to 8 years in prison.
• Aggravated Kidnapping (California Penal Code 209): If the kidnapping involves additional elements such as ransom, extortion, sexual assault, or the victim’s life being in danger, the charges may be elevated to aggravated kidnapping. This crime is more serious and can result in a sentence of 25 years to life in prison.

In addition to these primary charges, other aggravating factors can increase the severity of the charges. For example, if a firearm is used in the commission of the kidnapping, or if the victim is a child, the penalties can be enhanced. A Rancho Cucamonga kidnapping lawyer can assess the specific details of your case and explain the legal nuances that could impact the charges you face.

What are Potential Penalties for Kidnapping Convictions?

The potential penalties for kidnapping in California are severe and can have a lasting impact on your life. The severity of the penalty depends on whether you are convicted of simple kidnapping or aggravated kidnapping and the circumstances surrounding the crime.

• Simple Kidnapping: Conviction under California Penal Code 207(a) carries a penalty of up to 8 years in state prison. In some cases, there may be parole eligibility after serving a portion of the sentence. However, even for a first-time offender, the penalties can be steep, and a conviction will result in a permanent criminal record.
• Aggravated Kidnapping: A conviction under California Penal Code 209 for aggravated kidnapping can result in a sentence of 25 years to life in prison, with no possibility of parole for 25 years in some cases. This sentence is particularly harsh, and anyone facing aggravated kidnapping charges should seek immediate legal counsel.

Additionally, if the kidnapping charge is related to another crime—such as robbery, rape, or child molestation—the penalties can be even greater. California law also provides for the possibility of fines and restitution for the victim in cases where the victim is injured or suffers emotional distress due to the crime.

Can Kidnapping Charges Be Dropped?

Yes, kidnapping charges can be dropped or reduced depending on the circumstances. A Rancho Cucamonga kidnapping lawyer may challenge the evidence, raise reasonable doubt, or show that the elements of the crime are not present. If the prosecution lacks sufficient evidence to prove guilt beyond a reasonable doubt, the charges may be dropped or reduced.

Common defenses to kidnapping charges include:

• Consent: The victim consented to the actions or willingly accompanied you.
• Lack of intent: You did not have the intent to move or detain the person against their will.
• Mistaken identity: You were wrongly accused of the kidnapping.
• Duress: You were forced to participate in the kidnapping under threats of harm to you or others.
• Insufficient evidence: The prosecution cannot prove the crime beyond a reasonable doubt.

In some cases, a kidnapping charge may be reduced to a lesser offense, such as false imprisonment or another related charge, depending on the facts of the case and the strength of the defense. A skilled Rancho Cucamonga kidnapping attorney can negotiate with the prosecution to secure a reduced charge if appropriate.

Experienced Kidnapping Defense Throughout Southern California

If you are facing kidnapping charges then you will greatly benefit from the legal assistance of a California kidnapping attorney from our firm. We have the experience and the skill that you need on your side in order to maximize your chances of a favorable outcome of your case and to aggressively defend you against the charges that you are facing.

We will be able to answer your questions regarding your case, discuss your options with you, advise you of the best legal action for you to take and provide you with skillful representation of your case in court if you choose to work with us.

Attorney Tarman has over 20 years of experience in practicing criminal defense, contact our firm calling (909) 658-7341 today for skillful assistance.