That is why you need a strong defense to fight your charges to avoid a conviction. In California, kidnapping is considered a continuing crime.
Once a person kidnaps another, the length of time they continue to detain the victim is counted as a continuation of the offense. Moving a person from one point to another amounts to one instance of the crime. Your punishment will be determined by the length of time you detained the victim. Penalties for a kidnapping conviction in California differ from one offender to the other, based on the circumstances of the offense as explained below:.
Aggravated kidnapping is a more severe form of kidnapping and is also charged as a felony. The punishment for aggravated kidnapping may include:. Five 5 , eight 8 , or eleven 11 years of imprisonment if the supposed victim was a minor below 14 years of age when the offense was committed. Life imprisonment without a possibility of parole if the offender committed the offense for a reward, ransom, or extortion, but the victim suffered a bodily injury or death, or the victim was placed in circumstances that exposed them to a substantial possibility of death.
Any form of kidnapping is a grave and violent felony in California. California Three-Strikes Law is a sentencing scheme that gives offenders prison sentences of 25 years to life if they are sentenced to three serious or violent felonies. Second strikers receive double sentences under the scheme. If you already are a double striker, and the court convicts you for kidnaping, you qualify as a third striker.
It means that you will be serving a mandatory prison term of 25 years to life as a minimum. If you face charges for kidnapping, it is advisable to seek an experienced criminal defense lawyer. An attorney will play a vital role in explaining what your charges entail, what options are available for you, and whether there is a possibility of having your charges dropped or reduced.
Your attorney will proceed to plan a strong defense for you and represent you in court. Fighting California kidnapping charges will require the best defense strategies from an experienced attorney. Some of these strategies include:. Kidnapping entails moving another person without their consent. Availability of approval means that the supposed victim was not kidnapped but moved willingly. If that is the case, the court will drop your charges.
However, you must provide sufficient proof to demonstrate that the purported victim agreed to the move. For instance, the victim agreed to go for a long ride in your car but later changed their mind after three or so miles. However, the court will consider other elements before dismissing your case. Was there use of fear, force, or fraud to convince the victim to ride with you? California kidnapping entails moving a person over a significant distance without their consent.
If the move was insubstantial, then the court might consider dropping or reducing your charges based on the facts of your case. Kidnapping cases are quite tricky to prove by the prosecution because the court demands sufficient proof that the move was enough to qualify as kidnapping. Slight moves or moves over trivial distances may not indicate that the person was in any harm.
A kidnapping case can turn into a complicated situation involving both federal and state investigations. You can help your case by finding the best kidnapping lawyers in Texas who are familiar with both federal and state laws regarding kidnapping charges and penalties. Kidnapping cases in Texas today do not often entail the traditional idea of kidnapping that existed in the past where an individual was kidnapped for ransom.
Under the Texas law, kidnapping and aggravated kidnapping are considered to be separate charges, with each carrying different sentences and penalties upon conviction. The two charges have two common factors during prosecution.
The factors are i the abduction of someone and i illegal restraint. Though both charges are categorized as felony charges, aggravated kidnapping is a much more serious offense that carries a possible 99 years of imprisonment. As a first degree felony, the penalties for aggravated kidnapping ranges from 5 to 99 years. The following circumstances fall under aggravated kidnapping.
You might face possible second-degree felony if you allegedly released the victim voluntarily by taking them to a safe location. The penalties range from 2 to 20 years with a fine of up to. Facing unlawful restraint charges without being charged for kidnapping is possible.
The pre-charge negotiations between the prosecutor and your defense attorney can lead to an agreement or a plea deal of unlawful restraint charges rather than kidnapping. Unlawful restraint is considered a misdemeanor, while kidnapping is categorized as a felony offense. Your defense team will, therefore, fiercely focus on the element of abduction by reviewing the evidence if any that shows that the defendant had the means or intent to restrain the victim by curtailing their freedom.
According to the Texas Penal Code, Section Section All these points to the lack of consent of the victim, which points to the act being unlawful.
The Texas Penal code section The extent of your charges will depend on the ability of the prosecutor to provide evidence of abduction as a way of establishing unlawful restraint as a felony. If there exists sufficient evidence of abduction, then the prosecutor might go further to prove the presence of aggravated kidnapping, which is a more serious offense. The federal kidnapping statute categorizes consent as a valid defense to kidnapping. An experienced attorney will be able to successfully prove to the court that the victim initially provided consent.
The law states that the victim must have been taken and relocated against their will for the crime of kidnapping. If there is evidence showing that the alleged victim gave consent to the defendant to take them to a given location, then there was no kidnapping.
Establishing defense to prove that the alleged victim gave consent can be challenging if you lack a competent attorney who is well versed with kidnapping laws and cases.
There are situations where criminal charges arise as a result of a mistake. If you find yourself in such a situation, then your defense lawyer might be able to get the charges dropped if you can prove that you unknowingly kidnapped your child. There are situations where an individual might be threatened to commit a crime such as kidnapping. If you were under duress as a result of being threatened to abduct someone without their consent and move to another location, then you might use it as a defense.
Your attorney should be able to gather proof showing that you were acting against your will. If you were threatened using unlawful force or serious bodily harm, then such information can be used as a viable defense that will get a favorable deal.
You might get a lower sentence if your legal team can prove that you released the victim in a safe place away from danger. Your lawyer can negotiate for a reduced fine by making a deal with the prosecutor. Your defense attorney can argue that there was no intent to use deadly force during the kidnapping.
According to Florida Statute Someone who is convicted of this charge may face a minimum imprisonment time of 48 months. The burden of proof lies in the prosecution's ability to prove that the alleged victim did not consent, we can use our knowledge of the law to find weaknesses in their argument.
As every case is unique, there is no one single cut and dry strategy, which is why you should get in touch with our Miami criminal defense attorneys to discuss your case. We can work with you to find the best possible strategy to help protect your freedom and your reputation. Being accused of kidnapping can change your life.
We offer you a free and confidential consultation to discuss your charges and to determine the best defense strategy to use.
0コメント