Kidnapping sounds like a crime from the movies. But prosecutors charge people with kidnapping all the time. It is commonly charged in domestic violence cases and in custody disputes. Nevertheless, it is an extremely serious charge. If you are accused of kidnapping, you need a lawyer with experience. At MyCriminalDefense, we know and work with the best investigators and experts to defend our clients.
What is Kidnapping?
Penal Code § 207 defines Kidnapping as forcibly or by other means of instilling fear, moves a person from one place to another. Kidnapping is a complicated crime. It is often committed in order to facilitate the commission of other crimes. For example, a perpetrator may kidnap the victim for the purpose of trying to coerce payment of ransom or money or kidnapping may be part of a sex crime against children.
In these circumstances, kidnapping serves as an enhancement which often exposes an accused person to Life Imprisonment.
THAT’S WHY YOU MUST MAKE IT YOUR HIGHEST PRIORITY TO FIND AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY WHO WILL PREPARE A DEFENSE STRATEGY TO PROTECT YOUR LIFE, FREEDOM, AND REPUTATION!
What Must the Prosecution Prove to Convict Someone of Kidnapping?
In order to be found guilty of Kidnapping, the prosecution must prove beyond a reasonable doubt 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 into another state, county or country or into another part of the same county
- The other person did not consent to the movement and
- The defendant did not actually and reasonably believe that the other person consented to the movement.
Sex Crimes When an alleged victim is either under the age of 14 and the kidnapping is found to be done to commit a sex crime, the potential penalties dramatically increase if a person is found guilty of kidnapping.
Ransom If kidnapping is charged for the purpose of getting a ransom or money, the potential punishment could be life in prison without the possibility of parole.
Carjacking If the kidnapping is charged for the purpose of committing a carjacking, serious punishment could occur if the person is convicted of such a crime.
Defenses to Kidnapping
The major defense to any kidnapping charge is consent unless the victim is under the age of 18 and by law is incapable of giving his or her consent. In cases of adults, it is imperative that you choose an experienced criminal defense lawyer who will most likely hire a professional investigator to interview the alleged victim and other witnesses on the issue of consent.
In cases where the alleged victim is under 14 and the prosecutor charges the defendant with the intent to commit a sex crime, your criminal defense attorney is going to have his professional investigator interview the alleged victim and other potential witnesses that would establish that the defendant did not have any intention of committing any crime against the minor. A confidential polygraph by the defense may also be used to refute a claim of sexually inappropriate conduct. A confidential psychological evaluation is another strong means to establish that the accused person did not have the character traits to carry out a sex crime against a minor.
- In charges where the alleged kidnapping was carried out to demand a ransom, then a professional investigator will obtain critically important interviews from witnesses who will state that the defendant had no intention to seek a ransom.
- In charges where the alleged kidnapping was done to accomplish a carjacking, professional investigators will obtain sworn statements from witnesses that the defendant had no intention of stealing another person’s car.
These kinds of kidnapping charges often depend upon the intent of the accused person. Professional investigators can obtain witness statements that the accused person had no such intent.
The earlier you begin your defense against unfounded and false kidnapping charges, the more likely it is that your professional defense team will be able to refute the kidnapping charges with evidence that exonerates you.
At My Criminal Defense, experienced San Diego kidnapping defense attorneys assemble teams of experienced professional investigators and experts to obtain evidence that will persuade the prosecutor that there is reasonable doubt about the accused person’s guilt. A prosecutor has a sworn duty not to file criminal charges if he or she believes that a reasonable doubt exists as to the accused person’s guilt of the charge. MyCriminalDefense teams work tirelessly around the clock to obtain evidence of reasonable doubt. That is why ou Domestic Violence Defense Attorneys are so successful at convincing prosecutors to reject criminal charges against our clients. Please do not delay in contacting My Criminal Defense Attorneys today. Call us to arrange a free confidential consultation with an experienced veteran criminal defense attorney!