Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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In some states, an act of kidnapping is considered aggravated if it is committed under aggravating circumstances such as:
Aggravated kidnapping often carries a life sentence with or without the possibility of parole. In contrast, “simple kidnapping” typically carries a few years in prison.1
Defenses to the crime of kidnapping include:
To prove that the accused is guilty of simple kidnapping, prosecutors typically must prove that:
To consent means a person acted freely and voluntarily and knew the nature of the act. Substantial distance means more than a slight or trivial distance. The movement must put the victim in more danger, such as by being moved farther away from a door, window, or other means of escape.
In some states, a person is guilty of aggravated kidnapping if during the commission of the offense they:
In cases of aggravated kidnapping for purposes of robbery, rape, or other sexual offenses, the forcible movement (“asportation”) typically has to:
Note that kidnapping for ransom or extortion can occur when a person is not moved but is instead seized, confined or held.2
Aggravated kidnapping is always a felony. And in states like California, Texas and New York, the maximum penalty is life in prison.3
In states that have a “three strikes law” such as Nevada, New Jersey, and California, aggravated kidnapping counts as a “strike.”4
Depending on the state and the circumstances, defendants may be eligible for probation in lieu of some incarceration. In some cases, prosecutors may be willing to reduce aggravated kidnapping charges down to simple kidnapping or false imprisonment.
The commission of a felony always carries the risk of prison time. But some defense arguments that kidnapping lawyers may use to get the charges reduced or dismissed include:
Note that criminal defense lawyers can often achieve a favorable resolution without going to trial, especially if they can show prosecutors they lack sufficient evidence to prove guilt beyond a reasonable doubt.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.