While most people assume that taking and holding someone without their consent is kidnapping, California has strict laws governing what defines a kidnapping charge. If you have been accused of kidnapping someone, you will need a top Vista criminal attorney to help you fight this serious felony offense. Please call Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
In order to be convicted of kidnapping in California, the prosecution must be able to show that you moved another person a substantial distance without their consent by using fear or force (or fraud if the victim is under 14). If you took someone and locked them in their own closet, kidnapping charges will not apply to your case. If you abducted an adult with promises of money, you did not kidnap them. These are important distinctions for your Vista criminal lawyer to make because kidnapping charges are a felony that can result in up to eight years in a state penitentiary, while false imprisonment charges can be a misdemeanor or a felony with a maximum sentence of up to three years in prison.
In some cases, you may face additional penalties as well. Aggravated kidnapping charges apply when a child under 14 has been kidnapped, when ransom has been demanded, when the victim has been seriously injured or killed, when the victim was abducted during a carjacking, or if other laws were broken in conjunction with the kidnapping. Aggravated kidnapping charges can result in a prison sentence lasting from five years behind bars to life with or without parole.
Additionally, because kidnapping is a strike under California three strikes law, anyone with two previous strikes on their record will face life imprisonment and everyone convicted of the crime will need to serve 85% of their sentence before becoming eligible for parole.
Because kidnapping becomes a federal crime if the victim has been taken across state lines, many persons facing this charge will need a criminal lawyer in Vista with experience handling federal criminal cases. Peter M. Liss not has the experience you need to fight kidnapping charges at both the state and federal level.
If you have been charged with kidnapping, please call (760) 643-4050 to schedule a free initial consultation with top Vista kidnapping defense lawyer Peter M. Liss.
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