Kidnapping Defense Attorney in Orange County
Domestic Violence and Kidnapping Charges
Although it is not generally thought of as a crime of
domestic violence, kidnapping can be committed by one family or household member against
another. Common cases involve one parent forcibly removing a child and
taking them away from the other parent, often holding them against the
child's will. Other times, the offense is committed by a cohabitant
or fiancée who is angry or bitter against the other party. Whatever
the case may be, a kidnapping conviction can have serious consequences.
Penalties for Kidnapping
In most cases, kidnapping is punished with a prison sentence of 3, 5, or 8 years. If the victim was a child under the age of 14 at the time, it is punished
with a prison sentence of 5, 8, or 11 years. However, the age discretion
does not apply if the minor child was allegedly taken, detained, or concealed
by a biological parent, natural father, or other person who has been granted
access to the child by way of a court order. This means that they may
still be convicted of kidnapping, but not subject to a punishment of 5,
8, or 11 years in prison. If the victim suffers death, bodily harm, or
was kidnapped with the intent of sexual abuse, the prison term may be
extended to a life sentence.
Your Defense Against A Kidnapping Conviction
Distance is a crucial element in defenses against kidnapping charges. Although
kidnapping includes the taking, detaining, or arresting of an individual
by force or other means, it also includes moving that person into another
country, state, county, or even within the same county. One of the strongest
defenses is showing that the distance of the alleged kidnapping was not
great enough to be considered an actual kidnapping.
Another essential defense against kidnapping is establishing that the person
who was allegedly kidnapped was transported with their consent and under
free will. If the person agreed to the moving, then it may not be considered
an act of kidnapping. In the case of children, it is a matter of determining
how much force was necessary in order to take and carry the child a specific
distance with an illegal purpose or intent.
Ensuring the Safety of Children
In some cases, kidnapping charges may be brought against individuals who
took and concealed children for the sake of the child's safety. The
law protects individuals who take and conceal children in an act to protect
them from imminent harm. In these situations, the best defense is establishing
the protective intent in court. By demonstrating that the act was committed
in the best interests of the child's safety, the accused may beat
the unsubstantiated kidnapping charges.
We Have Handled More Than 2,500 Criminal Cases
Don't face the penalties for kidnapping charges when you are not guilty!
Retain Anaheim domestic violence attorney Barney B. Gibbs immediately
for skilled and aggressive defense from a legal professional with
30 years of exclusive criminal defense experience. Our firm understands the difficult situation you may be facing, and we
always seek to provide one-on-one service so that you are well-informed
and cared for throughout the legal process. Learn for yourself how we
could help protect you from a wrongful conviction by engaging in a
free consultation as soon as possible!