Kidnapping is defined as the act of moving another person against his or
her will. In California, a prosecutor has to prove that the defendant
exercised physical force, or intimated the victim, to take or otherwise
move him or her, and that the move was not agreed to. California defines
two types of kidnapping – simple and aggravated. Aggravated kidnapping
requires that the defendant kidnapped an individual for the purpose of
committing another crime, such as robbery, rape, or extortion.
There are several different penalties that apply to kidnapping, depending
on the circumstances. Penalties include:
- Imprisonment for three, five, or eight years in state prison for kidnapping.
- Imprisonment for five, eight, or eleven years if the victim is a child
less than fourteen years old and the defendant is not a parent.
- If murder happens during the kidnapping, the kidnapper can be charged with
first degree murder, which can result in a sentence of life imprisonment
or the death penalty.
- The state might approve a defendant’s request for probation, which
will still require that a defendant serve a year-long imprisonment term
in county jail.
Defenses that an attorney may be able to use in such cases include:
- The victim consented to being moved.
- There was not sufficient action taken to move the victim.
Under California’s Three Strikes Law, kidnapping is considered a
strike. If an individual has other past offenses, a conviction could result
in a life sentence.
At The Law Office of Joe Bisbiglia, Joe has more than decade of experience
in defending individuals who are charged with kidnapping. He has handled
thousands of criminal cases and can provide the legal defense you need
to protect your rights. When your freedom is at stake, you need a Santa
Rosa criminal defense lawyer who will provide a robust defense for you,
no matter the circumstances.
(707) 200-8948 to get started.