Kidnapping Defense Attorney in Sacramento, CA
A kidnapping violation occurs in the state of California when you “move another person a substantial distance without that person’s consent by using force or fear.”
“Force or fear” is defined as threatening the victim with physical harm to cause fear or actually inflict physical force as a means to control the victim.
More serious kidnapping charges can be filed if the kidnapping involves any of the following situations:
- You inflict serious injuries and/or death upon the victim during the kidnapping
- Demand a ransom in conjunction with the kidnapping
- Kidnapping someone while committing a carjacking
The violation of other laws while committing a kidnapping can impose aggravated kidnapping charges, which carries a sentence of five years to life in prison and is determined by the circumstances surrounding the case.
All kidnapping charges are considered felonies under California law.
- “Simple” kidnapping is the least offensive charge and carries a penalty of up to eight years in state prison.
- All kidnapping charges fall under California’s “Three Strikes Law,” which means you will get a strike on your criminal record and are required to serve at least 85% of the prison time you were sentenced to before you are eligible for parole.
Defending Kidnapping Charges
A skilled and experienced criminal defense lawyer can use a variety of defense strategies to possibly get the charges reduced or cleared. Possible kidnapping defense strategies include but are not limited to:
- Being falsely accused of the kidnapping
- You were not the person who actually committed the crime, you were only present at the time
- There is not enough evidence to prove the kidnapping occurred or that you committed the kidnapping
- The victim was not moved far enough to qualify as being kidnapped
- There was consent for movement
Jennifer Mouzis has defended many kidnapping cases and has the experience necessary to help you prevail in court.