Southern California Kidnapping Defense Attorney
Are you facing kidnapping charges? Get help from an expert kidnapping defense attorney now
Kidnapping is the act of moving another person a substantial distance without their consent, through the use of physical force or the threat of imminent physical harm. Under California law, a “substantial distance” is not a specific measurement, but is instead a more nebulous concept that takes into account not only the actual distance moved, but also the fact that the movement may have been intended to increase the risk of harm to the victim or to decrease the risk of detection for the perpetrator. Therefore moving a victim even a few feet may be considered a kidnapping in certain circumstances. The offense is considered aggravated kidnapping if the victim is under 14, if the kidnapping is accompanied by a ransom demand, if the victim is killed or seriously hurt, or if the kidnapping is part of a carjacking or other serious crime. If you’ve been charged with kidnapping, an expert Southern California kidnapping defense lawyer can help you create a strategy for protecting your rights and getting a favorable outcome to the case.
Penalties for Kidnapping
All types of kidnapping, both simple kidnapping and aggravated kidnapping, are felonies. A conviction for simple kidnapping can result in up to eight years in state prison, while a conviction for aggravated kidnapping can result in a sentence anywhere between five years and life.
Possible Legal Defenses
Often, it is difficult for a prosecutor to establish that a kidnapping victim was moved a “substantial distance,” so this area is ripe for attack by a criminal defense lawyer. If your lawyer can prove that the movement did not increase danger to the alleged victim or help conceal the alleged perpetrator, then no kidnapping occurred. A kidnapping defense attorney can also undermine the prosecution’s case by arguing that the alleged victim consented to being moved, that you were not the actual kidnapper, or, in the case of a parent allegedly kidnapping a child, that you actually had the right to travel with your child.
Choosing Your Southern California Kidnapping Defense Lawyer
In a kidnapping case, several different elements must be proven by the prosecution, creating several different opportunities for a Southern California criminal defense attorney to derail the case. Don’t you want to be sure you’re working with an attorney who will investigate every one of these elements thoroughly in order to poke the most possible holes in the prosecution’s case? Dan E Chambers is just the sort of aggressive, experienced, and tenacious kidnapping defense attorney you can rely on to work tirelessly to build a solid defense for you.