Sacramento Kidnapping Defense Attorney

Sacramento Kidnapping Defense Lawyer

Kidnapping is a serious felony crime in California, which often results in jail time. Kidnapping involves moving a person from one place to another without their consent. Each state has different laws and definitions surrounding kidnapping, so if you were charged with kidnapping in California, you should consider hiring a Sacramento attorney to inform you of your rights and help you defend your case.

With the help of a Sacramento kidnapping defense attorney from The Ward Firm, you gain the legal counsel and protection you need to navigate the criminal justice system if you are accused of kidnapping. These charges carry serious penal and societal consequences, and you deserve a defense attorney who understands what is at stake. We know that the circumstances of each case are unique and are not always as they appear. We build a defense that works for your case.

What Is Kidnapping in California?

Kidnapping is a serious felony in California and is punishable by sentences of up to life in prison. If one person takes another a substantial distance by force or by fear and without that person’s consent, it is considered kidnapping. A substantial distance may mean out of the country, state, county, or even considerable distances within the same county.

In California, kidnapping can occur with intent or without intent. This means that if one person forcibly or fearfully takes another person a substantial distance, they can be found guilty of kidnapping regardless of intent to harm or rob them. Additionally, a person can be found guilty of kidnapping if they hire, persuade, entice, or seduce a person to be taken out of the state under false pretenses.

There are several types of kidnapping, and they are as follows:

• Simple kidnapping. Taking, detaining, stealing, holding, or arresting a person forcibly or by instilling fear across state, county, or country lines with or without intent.
• Aggravated kidnapping. This form of kidnapping involves kidnapping for reward, ransom, or extortion and can result in rape, gang rape, lewd sexual acts, sodomy, or even murder of the victim.
• Parental kidnapping. When a parent or family member maliciously takes a child under the age of 18 from their legal guardian. If the family member or parent does not have custody of the child and takes them a considerable distance without consent, it can be considered kidnapping.
• Extortion. Posing as a kidnapper to obtain money, valuables, or property.

Kidnapping can also involve human trafficking or slavery. Sometimes people kidnap to sell children or adults for sexual activity or for unlawful servitude. These actions are often traumatic to victims and can result in serious consequences.

Who Can Be Kidnapped?

Anyone can be kidnapped, adults and children, and both males and females. Though most picture children as kidnap victims, and many are, people kidnap for various reasons and have various motives.

Examples of kidnapping include:

• Person A puts a knife to person B’s throat and forces him inside a van. Person A then proceeds to write a ransom note stating they demand thousands of dollars for Person B to be released.
• A parent recently loses custody of his or her children but wants to take them to see his or her family. The custodial parent denies the other’s request for the safety of the children, but the parent deceitfully picks the children up from school and takes them anyway.

Person A sees an individual walking down the street and forces him or her into his car with the intention of raping or harming him or her in some way.

What Is the Penalty for Kidnapping in California?

Kidnapping is a serious felony in Sacramento, California and can be punishable by up to 8 years in prison or life imprisonment if other crimes are involved. The penalty for kidnapping in California is dependent upon the type of kidnapping and the criminal history of the perpetrator.

• Simple kidnapping. The penalty is up to 8 years of prison time and a fine of up to $10,000.
• Child kidnapping. If the child is under 14, the defendant can serve up to 11 years in prison.
• Aggravated kidnapping. In addition to kidnapping for reward or ransom, this form of kidnapping is the most severe and can also involve robbery or carjacking. A person accused of aggravated kidnapping can serve life in prison with or without parole.
• Kidnapping resulting in harm or death. This form of kidnapping can result in life in prison without parole.
• Parental kidnapping. If it is charged as a misdemeanor, the defendant can serve up to one year in county jail, but if it is charged as a felony, they can serve up to four years in prison.

Though kidnapping can result in hefty fines or jail time, the consequences can be softened if the perpetrator releases the victims of their own free will. If this occurs, the judge may be more lenient with sentencing. In any case, if you are facing jail time for kidnapping, you should hire a lawyer immediately.

Other Offenses Involved with Kidnapping

Although intent does not have to be present to be convicted of kidnapping in California, sometimes people kidnap to commit other offenses. The penalties for these crimes depend on the severity of the second offense. Some of the most common crimes that are committed along with kidnapping are assault and battery, rape, homicide, or robbery.

Sacramento Kidnapping Defense Attorney | Abduction Lawyer

Though kidnapping does not always involve violence, it is still considered a serious crime because of the trauma inflicted upon the victims. If you have been accused of kidnapping, you should promptly hire an abduction lawyer to defend you. At The Ward Firm, we have experience providing defense in several areas, including kidnapping. Contact us today for a consultation.