California Penal Code Sections 207, 208, 209. And 209.5 establish the state’s kidnapping laws. To be convicted of “simple” kidnapping, a prosecutor must prove:
- you moved another person
- a substantial distance
- without that person’s consent
- through using force or fear
An elevated charge of aggravated kidnapping results if you move another person and:
- use force, fear, or fraud upon a victim under the age of 14
- demand a ransom
- cause the victim to suffer serious bodily injury or death
- kidnap another person while violating California Penal Code 215 (carjacking)
- violate other laws that relate to kidnapping
Both “simple” and aggravated kidnapping are charged as felonies. If you are convicted of “simple” kidnapping, you face up 8 years in California state prison. If you are convicted of aggravated kidnapping, you may face up to life in prison. You will also receive a strike on your criminal record pursuant to California’s three strikes law.
Let Us Help You
If you are facing a kidnapping charge, it is essential that you have adequate representation. There are tens of thousands of defense attorneys in California, yet less than 400 are State Bar Certified Criminal Law Specialists. Senior Partner, Vu Trinh, is a member of this elite group. At The Law Offices of Trinh & Bettencourt, we address all strategic avenues in helping you fight your charges. We will use our expertise to exhaust every possible defense in our effort to obtain a favorable result in your case.
