How Wallin & Klarich Can Successfully Fight A Kidnapping Charge For You – Penal Code Sections 207, 208, 209

Facing a kidnapping charge in California is a daunting experience. These accusations carry severe consequences, including hefty fines and potentially long prison sentences. However, with the right criminal defense law firm fighting for you and with the best possible defense strategy it may be possible to achieve a successful result in your case. This blog post aims to guide individuals accused of kidnapping through the legal landscape in California. You’ll learn about the state’s legal definitions, penal code sections and common defense strategies. 

Our experienced criminal defense attorneys can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.

Understanding the Legal Definition of Kidnapping in California

What Constitutes Kidnapping?

In California, kidnapping is defined as forcibly, or by instilling fear, taking a person and moving them a substantial distance without their consent. This act can be further classified into two different categories based upon severity and circumstances.

Degrees of Kidnapping

• Simple Kidnapping involves moving someone against their will using force or fear.
• Aggravated Kidnapping includes additional factors such as ransom demands, causing physical harm, or kidnapping a child under 14.

Understanding these definitions is crucial because the charges’ severity can significantly impact the defense strategy used.

Penalties for Kidnapping

Kidnapping penalties in California are severe. Simple kidnapping can result in up to eight years in state prison, while aggravated kidnapping can lead to life imprisonment. Knowing the potential penalties highlights the importance of a robust defense.

California Penal Code Related to Kidnapping

In California, kidnapping is primarily governed by Penal Code Section 207. This statute outlines the basic definition and provisions related to the crime of kidnapping. Under this code, the act of moving another person a substantial distance without their consent, using force or fear, constitutes kidnapping.

Key Sections of the Penal Code

• Penal Code 207(a)

This section defines the act of kidnapping and specifies that it involves forcibly, or by instilling fear, taking and carrying away another person without their consent.

• Penal Code 208

This segment addresses the punishments associated with kidnapping. It states that any adult who kidnaps another person may be punished by imprisonment in the state prison for three, five, or eight years, unless additional factors elevate the crime to aggravated kidnapping, in which case the penalties are more severe.

• Penal Code 209

Aggravated kidnapping falls under this section, which includes provisions for kidnapping for ransom, reward, or extortion, as well as kidnapping involving physical harm or where a child under 14 is taken. Violations of this section can result in life imprisonment without the possibility of parole, depending on the circumstances.

Understanding Specific Legal Terms

• Substantial Distance:

There is no precise measurement for what is considered a substantial distance in kidnapping cases. Courts consider various factors, such as whether the movement increased the risk of harm to the victim or significantly changed the victim’s environment.

• Consent:

Consent must be given freely and willingly. If force, fear, or threats are used to obtain consent, it is not considered valid under the law.

Defense Strategies for Fighting Kidnapping Charges

Consent

One of the most potent defenses against kidnapping charges is proving that the alleged victim consented to go with the accused willingly. Evidence such as text messages, videos, or witness testimonies demonstrating that the accuser freely agreed to accompany the alleged kidnapper can be crucial in building this defense.

Lack of Intent

For a kidnapping charge to hold, the prosecution must prove that the accused intended to kidnap the victim. If it can be shown that no intention to kidnap existed, this can serve as a strong defense. For instance, if the movement of the victim was incidental to another lawful action, the intent to kidnap may not be present.

False Accusation

False accusations can arise in the context of personal vendettas, custody disputes, or misunderstandings. Demonstrating inconsistencies in the accuser’s story, presenting an alibi, or providing evidence of the accuser’s motive to lie can help undermine the prosecution’s case.

Insufficient Evidence

The prosecution bears the burden of proving all elements of the crime beyond a reasonable doubt. If the defense can show that the evidence presented by the prosecution is insufficient, unreliable, or lacks credibility, this can lead to a dismissal of the charges or an acquittal.

Duress or Necessity

In some scenarios, a defendant may argue that they were forced to kidnap the alleged victim under threat of imminent harm or had to act to prevent a greater harm, which is known as the defense of necessity. These defenses require substantial proof that the defendant faced extreme pressure and had no other viable options.

Mistaken Identity

Eyewitness testimony or other identification methods can sometimes be flawed. The defense might argue that the accused was misidentified as the culprit. Presenting evidence like surveillance footage, alibi witnesses, or DNA evidence can be pivotal in proving this defense.

Parental Right of Custody

In cases involving alleged kidnapping of a child by a parent, the accused may argue that their actions were legitimate under the parental right of custody. While this does not apply to all situations and must be carefully evaluated, it can serve as a compelling defense in certain custody dispute scenarios.

Employing one or more of these defenses can significantly impact the outcome of a kidnapping case in California.

Contact Wallin & Klarich Today

If you are facing a kidnapping charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877)

466-5245 for a free consultation with a skilled defense attorney.