You Could Get Charged With Kidnapping For Moving An Alleged Victim Only 40 Feet?
In criminal law, the distinction between robbery and robbery plus kidnapping can be nuanced yet profoundly significant. For those accused, understanding these nuances is crucial. This blog post aims to demystify the complexities of California’s legal stance on kidnapping when it’s incidental to a robbery, specifically highlighting how moving someone as little as 40 feet can lead to a conviction. We’ll explore what constitutes kidnapping, review a recent applicable case, and discuss the implications for accused individuals.
At Wallin & Klarich, our experienced criminal defense attorneys can guide you through the legal process. Call us today, toll-free at (877) 466-5245, for your free phone consultation with one of our criminal defense robbery and kidnapping attorneys near you.
Understanding California’s Definition of Kidnapping
Kidnapping is a serious offense defined by specific criteria under the California Penal Code. It involves taking, holding, or detaining an individual against their will, typically through force or fear. A pivotal aspect of this definition is the requirement of movement—often referred to as asportation. However, the law does not specify a minimum distance; rather, it considers whether the movement was substantial enough to constitute kidnapping.
The element of movement becomes particularly significant when it is incidental to another crime, such as robbery. If a person is moved a relatively short distance, like 40 feet, the question arises: Is this movement sufficient for a kidnapping charge? This distinction is vital because it impacts the severity of charges and potential sentencing. Understanding the legal interpretation of such movement and its implications is essential for accused individuals and their defense strategies.
Case Analysis: People V. Hughey
Three AT&T employees were closing the store when defendants Marquishon Hughey, Dequon Dillard, and another person forced their way in with a gun, demanding that the employees raise their hands and hand over the phones. The employees complied, but the defendants still ordered them to move to a small safe room in the back, which was meant for only two people. After the employees complied and got on the floor as instructed, the defendants left. The defendants faced charges of robbery and kidnapping. The prosecutor argued that moving the employees to the back safe room was unnecessary to commit the robbery.
Although the court cleared the defendants of aggravated kidnapping charges, it found them guilty of simple kidnapping, as the victims were moved a non-trivial distance, putting them in additional danger. The defendants appealed, arguing that moving the employees less than 40 feet should be considered part of the robbery.
The appeals court upheld the kidnapping convictions. For a kidnapping charge, it’s important that the victim was moved a significant distance, though the exact distance is just one factor. When part of a robbery, this movement shouldn’t be merely incidental to the crime. Moving someone to decrease the chances of detection or to increase the victim’s risk can be considered significant. The circumstances must be considered as a whole to determine if the movement was more than just incidental. In this case, evidence showed that moving the victims from a visible area to a secluded spot made the situation riskier for them. The small, confined space and the threat of weapons caused additional distress beyond the robbery itself. Therefore, the trial court was correct in its judgment that the simple kidnapping charge was justified.
Implications for Accused Individuals
For those facing charges of robbery and kidnapping, the stakes are high. The law’s interpretation of movement can significantly impact the charges brought against an accused individual and the resulting penalties. If convicted of kidnapping incidental to a robbery, the accused could face harsher sentences, including life imprisonment without parole in some cases.
Defense strategies often revolve around disputing the nature and intent of the movement involved. Skilled criminal defense attorneys may argue that the movement was insufficient to meet the legal criteria for kidnapping or that it did not substantially increase the risk to the alleged victim. Understanding these arguments can provide accused individuals with a foundation for building a robust defense strategy with the help of a knowledgeable criminal defense lawyer.
Navigating such complex legal terrain requires a nuanced understanding of the law and its application. Accused individuals must be proactive in seeking skilled legal representation from Wallin & Klarich to effectively challenge the charges based on the specifics of their case.
Contact Wallin & Klarich Today
If you have been charged with kidnapping incidental to another crime, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients achieve successful outcomes in their criminal cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
Is there a Wallin & Klarich office near you? We have offices all over Southern California, including Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Our law firm can handle kidnapping and robbery cases throughout California.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245, for a free phone consultation with a skilled defense attorney near you.
