San Mateo County Kidnapping Defense Attorney
Boyfriends and girlfriends argue all the time. Sometimes these arguments occur while driving in a car. If while having one of these arguments the passenger in the vehicle wants to exit the car, the appropriate thing for the driver to do is to let the passenger out of the car. Well, sometimes the driver may not do the appropriate thing. Instead, the driver may lock the car doors, continue driving, and either threaten or forcibly restrain the passenger from leaving. In this situation, if the driver is reported to law-enforcement then the driver can be criminally prosecuted for kidnapping. If you have been charged with kidnapping over a misunderstanding or false accusation it is important to contact the San Mateo County kidnapping defense lawyers at Ahmed & Sukaram, Attorneys at Law right away to protect your legal rights. What is Kidnapping in California?
Kidnapping can be committed in several different kinds of ways. Generally in order for the district attorney to prove that kidnapping has occurred the district attorney must prove:
- That the defendant took, held, or detained another person by using force or by instilling reasonable fear;
- Using that force or fear the defendant moved the other person or made the person move a substantial distance;
- The other person did not consent to the movement; and
- The defendant did not actually in reasonably believe that the other person consented to the movement.
What Is the Punishment for Kidnapping in California?
For kidnapping offenses not specified below, kidnapping is punishable by either three, five, or eight years in state prison. If the person kidnapped is under 14 years old at the time of the kidnapping, the defendant can face five, eight, or 11 years in the state prison. However, if probation is granted, and the defendant is not to be sentenced to state prison then the California Penal Code requires that the person be sentenced to 12 months in the County jail unless in unusual cases where the court specifies its reasons for imposing a lesser penalty.
KIDNAPPING FOR RANSOM REWARD OR EXTORTION.
A defendant who is convicted of kidnapping for ransom, reward, or extortion is subject to punishment in the state prison for life without parole in any case in which the person who was kidnapped suffers death or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial likelihood of death. In cases in which the person who was kidnapped does not die or suffer bodily harm, the defendant is subject to imprisonment in the state prison for life, however with the possibility of parole.
KIDNAPPING FOR ROBBERY RAPE OR OTHER SEX OFFENSES.
Any person who kidnaps or carries away an individual to commit robbery, rape, spousal rape, oral copulation, sodomy, or any violation of Penal Code section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for life with the possibility of parole. Importantly the punishment prescribed above only applies when the movement of the victim is beyond that which is merely incidental to the commission of the underlying offense and which therefore increases the risk of harm to the victim over and above that necessary to commit the underlying offense. Yet, despite the potential sentence to life in state prison the defendant who is convicted for kidnapping for any of the offenses described immediately above is still eligible for probation. Probation means that defendant can avoid time in state prison. Potentially, with probation, a defendant may only be sentenced to serve 12 months in county jail or less in unusual cases where the interests of justice would best be served by a lesser penalty.
KIDNAPPING FOR CHILD MOLESTATION.
This kind of kidnapping is defined in Penal Code section 207(b). The punishment for kidnapping for child molestation is described in the paragraph immediately above.
KIDNAPPING DURING CARJACKING.
The punishment for kidnapping during carjacking is life in state prison with the possibility of parole. This punishment applies when the person who commits the carjacking kidnaps another person who is not a codefendant for the purpose of completing the carjacking. Moreover the alleged victim of the kidnapping in this situation must be moved a substantial distance from the vicinity of the carjacking, and the movement must increase the risk of harm to this victim over and above that necessarily present in the crime of the carjacking itself. Alternatively, a defendant may only be sentenced to serve 12 months in county jail, or less in unusual cases where the interests of justice would best be served by a lesser penalty.