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!