Under California Penal Code Section 207, a kidnapping occurs when a person takes, holds, detains or arrests another person in the state of California and carries that person into another country, state, county, or into another part of the same county by force or fear.
Kidnapping is a serious criminal offense, but it is even more serious if you are facing aggravated kidnapping charges under PC 209. Let’s take a closer look at when kidnapping becomes aggravated kidnapping and the penalties for this crime.
What is Aggravated Kidnapping? (PC 209)
Aggravated kidnapping is a kidnapping in which any of the following circumstances apply:
- The victim suffered serious bodily harm or death
- It was accomplished for ransom, reward or extortion
- It took place during a carjacking
- It was accomplished for robbery, rape or another sex offense; or
- It was committed on a victim under the age of 14 through the use of fraud, force or fear
Penalties for Aggravated Kidnapping (PC 209)
If you are convicted of aggravated kidnapping, you face severe punishment. The punishment you face will depend upon the circumstances of your case:
- If the victim was under the age of 14 at the time of the offense, you could be sentenced to up to 11 years in state prison
- If you accomplished the kidnapping for ransom, a reward or extortion, or if you committed the kidnapping as part of a robbery or carjacking, you face life in prison without the possibility of parole
- If you accomplished the kidnapping for the purposes of committing a sex crime such as rape or oral copulation, you face life in prison with the possibility of parole. You may also be required to register as a sex offender under PC 290.
- If the victim suffered bodily injury or death, you face life in prison without the possibility of parole
Regardless of how you charged, you will also receive a strike on your criminal record under California’s Three Strikes law if you are convicted of kidnapping.
Defenses to Aggravated Kidnapping
Our skilled kidnapping attorneys at Wallin & Klarich have more than 40 years of experience successfully defending clients accused of serious criminal charges such as kidnapping. Some of the defenses our experienced attorneys have used to successfully defend clients charged with aggravated kidnapping include:
- Consent – If the alleged victim consented to you moving him or her and had the capacity to understand what he or she was consenting to, you should not be convicted of kidnapping
- Imminent danger – If the alleged victim was a minor and the reason you moved the minor was to protect him or her from imminent danger, your attorneys may have a valid legal defense to the charges against you
- You did not move the victim a “substantial distance” – In order to be convicted of kidnapping, you must have moved the alleged victim a “substantial distance.” You attorney may be able to argue that you did not move the alleged victim a substantial distance
There may be other defenses our attorneys can use to defend you. Contact our law firm today so we can review your case and determine which valid legal defense may apply.
Contact the Kidnapping Attorneys at Wallin & Klarich Today
If you or a loved one has been accused of kidnapping, it is important that you speak with an experienced kidnapping attorney immediately. At Wallin & Klarich, our skilled criminal defense attorneys have more than 40 years of experience successfully defending clients facing aggravated kidnapping charges. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich kidnapping attorney available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.