Simi Valley Kidnapping Defense Lawyer

Facing Kidnapping Accusations in Simi Valley and Los Angeles? We Will Fight For Your Rights

Kidnapping is a serious offense under California law, classified as a felony that carries severe penalties. It usually involves the transportation or concealment of the person.

If you are facing kidnapping charges, securing knowledgeable legal representation is crucial. A Simi Valley kidnapping defense lawyer can provide the support and advocacy necessary to navigate this complex legal landscape.

Facing kidnapping charges? Take action today by scheduling a free legal consultation with a Simi Valley kidnapping defense lawyer. Call us at (805) 515-4070 or reach out online to discuss your case. Your defense starts now!

Understanding Kidnapping Charges

California Penal Code Section 207 defines kidnapping as the act of forcibly taking or holding another person against their will, either by using physical force, intimidation, or deception.

The crime of kidnapping can be elevated to ‘Aggravated’ kidnapping in any of the following ways:

• If the victim of the kidnapping is a child
• If the kidnapping is conducted for ransom
• If the kidnapping is conducted for the purpose of committing another crime (such as forcing the kidnapped person to commit robbery)
• If the kidnapping is conducted for the purpose of committing a sexual offense
• If the kidnapping is conducted with the intent of harming the victim.

Please note* A parent can be prosecuted for kidnapping his or her own child even if the parent merely interferes with the custody or visitation rights of the other parent.

It is irrelevant which parent has legal custody. If a parent conceals his or her child with the intent of depriving the other parent of custody or visitation, or interfering with the other parent’s rights, he or she can be prosecuted for the crime of kidnapping and a variety of other offenses.

Kidnapping is a commonly misunderstood crime. It need not be performed by a stranger to a child. Parents who are not obeying custody and visitation arrangements are frequently arrested for, and convicted of, kidnapping or the lesser included offense of Child Abduction. The same is true of people in dating or marital relationships who, while driving during an argument, merely do not allow the non-driver to simply get out of the vehicle.

What the DA Must Prove Beyond a Reasonable Doubt?

Jury Instruction 1215. Kidnapping. 

The defendant is charged [in Count] with kidnapping [in violation of Penal Code section 207(a)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant took, held, or detained another person by using force or by instilling reasonable fear
2. Using that force or fear, the defendant moved the other person [or made the other person move] a substantial distance. [Substantial distance means more than a slight or trivial distance.]
3. The other person did not consent to the movement
4. The defendant did not actually and reasonably believe that the other person consented to the movement. [In order to consent, a person must act freely and voluntarily and know the nature of the act.]

The defendant is not guilty of kidnapping if (he/she) reasonably and actually believed that the other person consented to the movement.