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Kidnapping | PC 207

Kidnapping | PC 207

Kidnapping Defense Attorneys | Los Angeles Criminal Defense

Kidnapping is a serious crime that involves holding or moving anyone — adult or child, stranger or relative — against his or her will. Kidnapping charges are often accompanied by other criminal allegations such as rape, robbery, and extortion.

At Takakjian & Sitkoff, LLP, we handle criminal defense exclusively. We’ve fought for 30 years in Southern California courts to defend clients accused of kidnapping and other criminal offenses. Our legal team includes two former prosecutors and a board-certified attorney in criminal law, so we’re positioned to handle the toughest cases. We are steadfast advocates who zealously represent you in abduction allegations and all associated charges to reach the best possible outcomes.

Elements of kidnapping

Kidnapping is a serious felony subject to mandatory incarceration. The prosecution must prove beyond a reasonable doubt each element of a kidnapping offense as defined in California Penal Code Sections 207 to 209.5:

  • Moving a person a substantial distance
  • Using force or fear
  • Doing so without the person’s consent

If the victim is a child, the use of fraud may also constitute kidnapping because the age of the victim determines the amount of force or fear. For instance, a defendant may be charged with kidnapping for gently picking up an infant and walking away without the parents’ consent.

Aggravated kidnapping offense

An aggravated kidnapping conviction may result in life in prison. The following are all aggravating factors in a kidnapping offense:

  • The alleged victim is younger than 14.
  • The defendant makes a demand for ransom.
  • The victim sustains serious injuries or dies as a result of the crime.
  • The kidnapping is part of a carjacking.
  • The kidnapping is in furtherance of another serious crime.

Defenses to kidnapping charges

Our lawyers may raise a number of defenses focused on acquittal or lowering the charges against you. Depending on your particular circumstances, they may include these:

  • The adult victim actually consented to go with you.
  • You have custodial or parental rights to travel with the child.
  • Your actions could not be construed as force, fear or fraud.
  • You did not commit the crime and did not know the person you were with was going to make the abduction.
  • The victim was not moved a substantial distance.

Retain experienced counsel after your kidnapping arrest

Call us now at 888-579-4844 for a free no-obligation consultation to review your case and options.