In California, kidnapping is one of the most serious crimes for which you, or a loved one, may be charged. Los Angeles defense lawyer Michael Kraut has handled kidnapping cases and knows how to defend you from these charges.
California Penal Code Section 207 PC defines kidnapping as the use of force or fear to take a person and move them a substantial distance. This crime is a felony and, if convicted, can result in a prison sentence of up to 8 years. In addition, the court will order you to pay restitution and substantial fines. You may also be required to undergo counseling, and you will be on parole or probation. If the victim is injured, a child, or if the kidnapping was done to facilitate the commission of another crime, then the sentence will be substantially higher. A conviction for kidnapping is a "strike," under the California Three Strikes Law, and will result in significant enhancements to any further sentencing if you are convicted of another crime in the future. If you, or someone you love, has been arrested or charged with a kidnapping in Los Angeles, Riverside County, Orange County, San Bernardino County, or anywhere else in Southern California, you should hire an aggressive criminal defense attorney immediately.
Jury Instruction on Kidnapping (Judicial Council Jury Instructions)
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant took, held or detained another person by using force or by instilling reasonable fear;
- Using that force or fear, the defendant moved the other person, or made the other person move, a substantial distance; AND
- The other person did not give consent or want to move; AND
- The defendant did not actually and reasonably believe that the other person consented to the movement.
- In order for there to be consent, a person must freely and voluntarily move.
- For the movement to be a substantial distance, it must be more then a slight or trivial distance. The jury may consider all of the circumstances and factors to determine if the distance was substantial.
- Good Faith Belief in Consent - If the defendant reasonably and actually believed that the person consented to the movement, then the defendant is NOT guilty of kidnapping.
- Consent Given - If the other person consented to go with the defendant, then the defendant is Not Guilty of kidnapping. The other person will have consented to the movement if, with understanding, freely and voluntarily agreed to go with the defendant and did in fact move a distance with the defendant.
If you have been charged with a kidnapping crime in Los Angeles, Riverside, San Bernardino, or Orange County, it is important that you seek the services of a criminal defense attorney with extensive experience with kidnapping cases. If you have been arrested for kidnapping offense in the Los Angeles or Southern California area, call Michael Kraut. Mr. Kraut understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system. He has developed excellent relationships with law enforcement and law officials throughout the Los Angeles and Southern California.
For more information about the various ways to a handle kidnapping case, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.