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.

Legal Consequences of Kidnapping

The consequences of a kidnapping conviction in California are severe. The potential penalties vary based on the nature of the kidnapping charge:

• Standard Kidnapping: If convicted of standard kidnapping, the defendant may face a sentence of 3 to 8 years in state prison. This sentence can increase significantly if the kidnapping was committed with additional crimes or against a vulnerable victim.
• Aggravated Kidnapping: Charges such as kidnapping for ransom can result in a life sentence, as these crimes are taken particularly seriously under California law.

Beyond imprisonment, a kidnapping conviction can also lead to hefty fines, restitution to the victim, and a permanent criminal record that may impact employment, housing, and other aspects of life.

Defenses Against Kidnapping Charges

When facing kidnapping allegations, a solid defense strategy is vital. A knowledgeable Simi Valley kidnapping defense lawyer can help identify potential defenses based on the specifics of your case. Common defenses may include:

• Consent: If the alleged victim willingly accompanied the defendant, this could serve as a valid defense against kidnapping charges. The prosecution must prove that the victim did not consent to the movement.
• Lack of Intent: Demonstrating that there was no intent to kidnap can be crucial. If the defendant intended to take the victim to a safe location or believed that the victim was in danger, this may negate the intent element.
• Mistaken Identity: If there is insufficient evidence linking the defendant to the alleged kidnapping, a defense can be based on mistaken identity. Witness misidentification or lack of corroborating evidence can be pivotal in such cases.
• Insufficient Evidence: The prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. If the evidence is circumstantial or lacks credibility, it may lead to a dismissal of the charges or an acquittal.
• False Accusations: In some cases, individuals may be falsely accused of kidnapping due to personal disputes, misunderstandings, or ulterior motives. A strong defense can highlight inconsistencies in the accuser's story.

Choosing the Right Legal Representation

Choosing Sua Law Group means placing your trust in a dedicated team committed to upholding justice and fighting for your rights. Our founding attorney, Brandon Sua, passionately advocates for those who may be marginalized or at a disadvantage within the legal system. He believes it is his duty to ensure that every individual receives a robust defense, regardless of their circumstances.

With a focus on addressing socio-economic and cultural inequities, Brandon and our team of aggressive trial attorneys are relentless in their pursuit of justice for our clients.

Our firm offers streamlined and cost-effective representation, ensuring you receive top-notch legal support without unnecessary financial strain. With over 80 years of combined legal experience, our knowledgeable team is equipped to handle even the most complex cases. 

Ready to defend your future? Schedule a free consultation with a Simi Valley kidnapping defense lawyer by calling (805) 515-4070 or contacting us online. We’re here to fight for you!