Being accused of kidnapping is among the most frightening experiences a person can face. California prosecutors treat every allegation of abduction as a violent felony, and the penalties, ranging from years in prison to lifetime criminal consequences, can alter the course of a life in an instant. At Kraut Law Group Criminal & DUI Lawyers, Inc., our mission is to intervene early, protect your freedom, and present the strongest violent crimes defense the law allows.
We explain how Los Angeles County law-enforcement agencies investigate kidnapping, how local courts apply the law, and which defense strategies have repeatedly proven successful in Southern California courtrooms. We draw on over two decades of courtroom experience and Attorney Michael Kraut’s background as a former Deputy District Attorney to give you actionable information, not just legal jargon.
What Is Kidnapping in California?California’s primary kidnapping statute is Penal Code § 207. The crime is committed when someone uses force or fear to move another person a “substantial distance” without that person’s consent. Although the law may appear straightforward, every key term, force, fear, substantial distance, and consent is the subject of extensive case law and jury-instruction guidance (see CALCRIM 1215).
What Counts as Force or Fear in Kidnapping Cases?Force includes any physical act that overcomes the victim’s will, no matter how slight. Fear can arise from an express threat (for example, displaying a weapon) or implied menace (blocking an exit). Prosecutors do not have to show that the victim fought back; they need only prove that the accused’s conduct would have caused a reasonable person to comply.
What Is a “Substantial Distance” in Kidnapping Law?The jury decides whether the movement is substantial after looking at all the circumstances. Factors include: distance in feet or yards, whether the movement increased the risk of harm, whether it moved the victim to a place of greater danger or reduced likelihood of rescue, and the aggressor’s intent. In urban Los Angeles, driving a victim just across a parking lot can satisfy this element if it exposes the victim to additional peril.
Can Consent Be a Defense to Kidnapping Charges?Consent is an absolute defense if it is freely, voluntarily, and intelligently given. The prosecution must also defeat any reasonable, good-faith belief in consent held by the accused. Consent often becomes the focus of intense evidentiary battles, especially when the parties know each other, which is typical in parental abduction and domestic violence contexts.
What Makes a Kidnapping Charge “Aggravated”?California enhances punishment when aggravating facts are present:
Each added count raises the stakes but also gives a savvy defense lawyer leverage to negotiate dismissal or reduction in exchange for plea agreements on lesser counts.
Kidnapping Penalties and Life-Altering ConsequencesA simple kidnapping conviction carries three, five, or eight years in state prison, plus:
Aggravated forms often involve life sentences. Even after prison, a kidnapping record can:
The Los Angeles Police Department (LAPD), the Los Angeles County Sheriff’s Department, and specialized federal task forces respond aggressively to kidnapping calls. Investigators usually move quickly to obtain cellphone tower data, traffic-camera footage, GPS records, and social-media posts. When the alleged victim is a minor, detectives from the LAPD’s Abused Child Unit or the Sheriff’s Special Victims Bureau become involved.
Search warrants are commonly served on homes, vehicles, and digital devices within hours. Statements made before an attorney is present, especially during high-pressure interviews, often supply the most damaging evidence. For that reason, invoking your right to counsel at the earliest opportunity can dramatically change the trajectory of a case.
Strategic Defenses We EmployKidnapping is listed in the Los Angeles County Uniform Bail Schedule, with bail commonly set at $100,000 or more for simple kidnapping and higher for aggravated forms. The new California Public Safety Assessment (PSA) also influences release decisions. A persuasive bail-hearing presentation, including community ties, employment records, and electronic-monitoring proposals, can mean the difference between waiting at home or in jail while your case proceeds.
Federal Jurisdiction: When Kidnapping Becomes a Federal CrimeMoving a victim across state or international borders triggers 18 U.S.C. § 1201, commonly known as the Federal Kidnapping Act or “Lindbergh Law.” Federal penalties include up to life imprisonment and no possibility of parole. Although most Los Angeles kidnapping cases remain in state court, federal prosecutors step in when:
We have convinced federal authorities to defer to state prosecution, or decline altogether, by highlighting weaknesses and emphasizing the lack of interstate nexus.
Frequently Asked Questions About Kidnapping Charges in Los Angeles?Q: “Can a parent be charged with kidnapping a child they already have custody of?”
Yes. When there is a valid court custody order, removing a child from the other parent without permission can violate PC § 278.5 (Child Abduction Without Custodial Right).
Q: “Is accidental movement a defense?”
If the movement was incidental to another crime (for example, pushing someone aside during a robbery) and did not substantially increase risk, a defense under People v. Martinez may apply.
Q: “Will a kidnapping conviction require sex-offender registration?”
Only if the kidnapping was committed with intent to commit a sexual offense such as rape.
Every hour counts after an arrest or accusation. Evidence can disappear, witnesses can forget details, and law-enforcement narratives can harden. The sooner you engage experienced counsel, the more options you preserve—whether that means dismissal, diversion, or winning at trial.
Contact Us Today and Stay Out of Jail.For a confidential, no-pressure consultation, day or night, reach Attorney Michael Kraut at the numbers below. We will review your situation, explain the law in plain English, and outline a strategy tailored to your goals. Call us at 888-334-6344 or 323-464-6453. Or use our secure online contact form.