If you're charged with kidnapping in Los Angeles County, our team of seasoned trial attorneys at Hurwitz Law Group in Los Angeles offers solid legal defense, careful preparation, and attention to the slightest details to help you fight those charges and give you the best possible defense.
With our meticulous preparation, our team gives you the highest quality of representation and the best possible outcome.
Kidnapping cases draw attention from the media, especially in Los Angeles, where they draw local and national scrutiny. As a defendant in a kidnapping case, your life will be turned inside out.
By having our focus on criminal law, we're accustomed to representing well-known people. We've used that same media attention for the benefit of our clients, and the kidnapping charges against them.
Section 207(a) of the California Penal Code makes it a crime to kidnap somebody. The elements of the crime are pretty simple. Prosecutors must show that you physically moved somebody without their consent over a considerable distance and that force or fear was employed to transport him.
California might also use the following statutes for purposes of an aggravated kidnapping offense:
However, the above statutes intend to prevent the same fundamental behavior. That is fear of:
As per PC section 209, aggravated kidnappings occur when somebody is taken for ransom or reward or even for purposes of committing another crime. It's an upgrade from ordinary kidnappings under PC 207 and carries life imprisonment.
Your Los Angeles kidnapping lawyer might come to a favorable resolution of an aggravated kidnapping charge if he can show that the prosecution lacks sufficient evidence to prove guilt beyond a reasonable doubt if the following defenses are raised:
The kidnapping of a child with the intent of molesting him constitutes aggravated kidnapping in contravention of PC section 207(b) and 288(a). The crime is punishable by up to 10 years in prison. To be found guilty of kidnapping for purposes of child molestation, the prosecution is required to show the following:
A person charged with kidnapping a child or a person incapable of consent could be guilty of PC 207(e). The prosecution must prove that the individual:
Kidnapping for ransom, reward, or extortion is a form of aggravated kidnapping. It's contemplated by PC sections 209(a) and 209(b).
PC 209(a) is used for the prosecution of individuals who commit the crime of kidnapping for ransom by holding a person against his will and attempting to:
Perpetrators of this crime might even face kidnapping for ransom charges under PC 209(b) if they commit:
Kidnapping for robbery, rape, or other sex crimes is another form of aggravated kidnapping found under PC 209(b). A person cannot kidnap another person so that he can commit the following:
A kidnapping during a carjacking is contemplated under PC 209.5. It is also a form of aggravated kidnapping, and a conviction could lead to life in prison.
To be charged, the perpetrator needs only to move the victim a substantial distance from the point of the carjacking, which increases the risk of harm from the carjacking itself. The prosecution must prove the elements of the crime. Those elements are:
A carjacking can even be proved when the perpetrator forces the victim to give him the keys to the car.
The California Three Strikes Law calls for a state prison sentence of 25 years to life for a defendant who commits a violent or serious felony or crime or has already been convicted of two violent or serious felonies. It's found on PC 667. Under the statute, even a second strike for a serious felony is punishable by a sentence twice as long as the ordinary sentence.
A three-strikes sentence might be contested if the defendant petitions the court to have a prior conviction erased under a Romero motion or by seeking to have the sentence reduced to a misdemeanor.
A kidnapping conviction in California carries a prison term of eight years in state prison, according to PA 208(a). If the victim was under 14 years of age at the time of the offense, an additional three years is added to the sentence, making it an 11-year prison term.
PC section 209 lays out the penalties for aggravated kidnapping. Aggravated kidnapping is punishable by imprisonment in a California state prison for life, with or without parole.
Child abduction occurs when one parent interferes with the custodial rights of the other parent. Kidnapping requires a forcible taking of the child with the intent of harming. The crime of false imprisonment is closely related found at PC 236. That crime is similar to false imprisonment but doesn't require substantial movement.
There are a variety of defenses to kidnapping charges in California. Those include the following:
Remember that the prosecution has the burden of proving that you kidnaped somebody. If the person who committed the serious crime reasonably believed that the alleged victim consented to the movement, that defendant could be found not guilty of kidnapping. Depending on the facts of the case, consent might be actual or implied.
As per PC section 207, the victim's movement must be substantial. It cannot be slight or trivial. The judge or jury must consider the totality of the circumstances. They might consider the following:
PC section 236 governs the false arrest law, which resembles kidnapping in California. A citizen's arrest is legal in California, but the person making the arrest must clearly and unmistakably announce the arrest.
A citizen's arrest can be made if he witnesses a misdemeanor or a felony committed in their presence. It might also be made for a felony if there is reasonable cause to believe that a felony was committed, regardless of whether the citizen witnessed it.
If you make such an arrest in California, you should inform the individual that he is under arrest, tell him why, and that you have the authority to make the arrest.
By practicing in the Los Angeles County courts and the counties surrounding it, we've gained an incredible insight into how prosecutors and judges think. We use this to our advantage, not only in kidnapping cases but in any other criminal defense cases that we undertake.
The arguments and narrative on your behalf will be heard in the courtroom. We not only defend our clients. We question the credibility of the prosecution's evidence and witnesses too. We're highly skilled at cross-examination and the testimony of experts because we painstakingly prepare for it.
With our legal skills and experience at Hurwitz Law Group, we've proven time after time again to be of great benefit to our clients. The outcomes of the cases that we handle are consistently favorable.
Both the police and the prosecution will have seemingly endless resources at their fingertips. It becomes pivotal to anticipate their next move and be prepared to challenge their actions.
Only a knowledgeable and experienced criminal lawyer is up to this task. We take a professional and proactive approach to defending the rights and freedom of our clients by providing the strongest and most effective defense possible.
Being charged with kidnapping or any other criminal offense is a challenge to be confronted with. Before you speak with the police, obtain the highest legal representation by contacting the Hurwitz Law Group at (323) 747-1121.
Officers know they have a distinct advantage when speaking with an individual who counsel and unaware of his rights don't represent before charges are brought.
The cold steel of handcuffs around your wrists can be terrifying. Suddenly, your life, liberty, job, and reputation are all up for grabs. Make the right choice. Now is the time to act if you're facing kidnappings or other criminal charges.
With our extensive experience, we can help you decide the best way of moving forward. Contact our offices right away.
