Kidnapping

Kidnapping preys on vulnerability and violates the victim’s fundamental right to security, particularly in the case of minors. Kidnapping is a grave crime, and because juvenile victims could experience long-term psychological trauma, prosecutors aggressively pursue these cases.

Dealing with claims of kidnapping can be intimidating. The seriousness of the charges and the complex judicial system can be overwhelming. This is why having an experienced criminal defense lawyer is crucial. At Monterey Criminal Attorney, we handle the complexities of the case, defend your rights, and mount a strong defense. Feel free to secure legal advice from our attorneys. You have the right to a fair trial, even in these dire circumstances.

Understanding the Crime of Kidnapping

Kidnapping is legally defined as the unlawful act of moving someone across a distance without his/her consent. This definition highlights several critical components:

• There is no legal basis for the action.

• It entails moving the victim through a distance.

• The means of this movement or restraint are coercion, intimidation, or fraud.

• The victim does not consent to the situation.

This definition introduces various forms of kidnapping, namely:

• Simple kidnapping — Moving someone any distance without their consent, using force, threats, or deception, is considered simple kidnapping per Penal Code 207. To briefly hold someone during a shoplifting stop, for example, would not satisfy this legal need.

• Aggravated kidnapping — PC 289 raises the level of the offense by adding more serious components, including robbery, extortion, ransom, or sexual crimes. Furthermore, aggravated kidnapping includes robbing a juvenile or injuring them while in captivity. Given the nature of the act, aggravated kidnapping carries sentences ranging from five years to life in prison.

• Kidnapping during a carjacking — This is one type of aggravated kidnapping that is classified under Penal Code 209.5. In this case, taking a victim hostage while stealing a car is considered kidnapping, even if the victim escapes.

Let us look at each crime in detail.

1. Simple Kidnapping

Simple kidnapping cases focus on the lack of consent by the victim and a legitimate reason for moving him/her. One way to do this is to drag someone into an alley or force them into a car. If you do these activities without the victim's consent or authorization from the law, they are considered simple kidnapping. Even seemingly insignificant movements qualify as kidnappings if they go against these fundamental principles.

2. Aggravated Kidnapping

Aggravated kidnapping escalates the severity of simple kidnapping by introducing additional malevolent elements. Among them are:

• You develop a more sinister motive, which often involves extortion through ransom demands or other forms of reward.

• You also commit a violent felony like robbery, assault, or sexual offense in addition to the kidnapping.

• You target very vulnerable victims, children under the age of 14 in particular.

• When you abduct someone and cause them to suffer bodily harm, you will face aggravated kidnapping charges.

Movement in Aggravated Kidnapping Cases

Movement is a key consideration for aggravated kidnapping charges. The law focuses less on the distance covered than on how the movement elevates the crime's severity.

For example, transporting a kidnapping victim over state lines presents a significant challenge in terms of escape and rescue, which could result in the allegation of aggravated kidnapping. The movement becomes a factor because it significantly increases the victim's chance of injury.

Furthermore, the manner of movement can be critical. It is far worse to force someone into a car's trunk than to drive them elsewhere. This kind of restriction makes the victim more vulnerable and makes it more difficult for them to flee.

Applying a single distance metric to all situations is impossible when defining "substantial" movement. This is the reason why a universal strategy would not be practical:

• Context shapes the crime — Consider a situation where a person is physically forced to be taken a short distance into a remote alley. The victim is in grave danger due to the conditions even at this small physical distance. On the other hand, driving someone across town in the middle of the day might not be as risky. Determining the movement's significance requires understanding its surrounding context.

• Your intention and harm take center stage — What matters most is not the distance but your intention and the harm, or potential harm, that your actions will produce. Did the victim's fear or vulnerability grow due to the action? Did that make it harder for them to get away? A judge or jury will consider these crucial questions when evaluating a kidnapping case.

While past legal cases could cite specific distances, these are only intended to serve as examples, not as strict legal standards. What constitutes a substantial distance is a question of fact determined by the judge or jury on a case-by-case basis.

The Lack of Consent

At the center of aggravated kidnapping cases is that the offender cannot obtain the victim's sincere consent. The victim's innate fragility and the perpetrator's manipulative methods are the two leading causes of this lack of consent.

• Coercion nullifies consent — The use of duress or coercion by the abductor is a common feature of aggravated kidnappings. They could use intimidation techniques, threaten violence, or do harm to the victim or their loved ones. Instead of the victim voluntarily consenting to being moved, this forces them to comply out of self-preservation.

• Protection for vulnerable victims — Children under the age of 14 are among the most commonly targeted victims of aggravated kidnapping. Children are legally incapable of providing informed consent because they cannot fully comprehend the circumstances or their ramifications. As a result, the law gives them further protection.

The legal system does not recognize this as genuine consent, even when the victim appears to comply due to fear. The environment that the perpetrators create by using coercive tactics makes the victim feel compelled to comply to avoid harm, including the use of fraud, force, or fear.

1. Use of Fraud to Kidnap an Individual

Fraud is one more deceitful method people employ to make victims more desperate for rescue.

Consider the scenario where a perpetrator uses false pretenses, like a promise of work or transportation, to entice a victim into a car. Once inside, the victim is imprisoned. In this situation, deceit controls the agreement. Their fraudulently obtained agreement is void since they are unaware of the circumstances and possible outcomes.

Fraudulent tactics are just one example of how perpetrators create a coercive environment. Coercion tactics include threats, intimidation, and taking advantage of a victim's vulnerabilities to force an unwilling person to participate in the movement. The use of fraud in aggravated kidnapping charges can further heighten the severity of the crime. It shows that the offender used a planned and deceitful strategy, which could affect the court's decision regarding the appropriate sentence.

Note: Not all cases of fraud involving coercion constitute aggravated kidnapping. The particulars of the case and the offender's intention play a significant role in deciding the suitable charges.

2. Use of Force

Different forms of force can exert varying degrees of control over their victims. Physical constraint is the most direct type, which can be applied by handcuffing, tying, or securing the victim in a locked area. It is almost impossible to escape in these circumstances.

Force also manifests itself in acts of violence and threats of violence. Offenders could physically damage others or threaten to do so to obtain control. This could involve actions like striking, kicking, strangling, or pointing a firearm.

Threats do not always translate into actual acts of force since they create a sense of terror that forces the target to comply with the kidnapper's demands.

The use of firearms is yet another significant indicator. When someone brandishes a weapon or makes threats to use one, the victim can detect danger and cannot resist.

Vulnerability-exploitation could also be considered the use of force. Taking advantage of a person's age, disability, or intoxication to restrict their freedom is regarded as a form of force. This is because it prevents the victim from giving genuine consent or resisting effectively.

3. Kidnapping During a Carjacking

The laws in California regarding kidnapping and carjacking have different goals, yet they sometimes overlap. Simple carjacking, defined in Penal Code 215, focuses solely on stealing a motor vehicle while the victim is present. Even though driving the car away involves some inherent movement, the duration is insignificant. The victim's unlucky presence during the act and the vehicle's theft are the primary considerations of the crime.

However, if moving the victim in the stolen vehicle considerably increases the risk of injury, carjacking can rise to kidnapping under Penal Code 207. Consider a situation in which a carjacking occurs, and the victim is driven to a distant area. This lengthy movement puts the person in more danger and makes escape difficult. This situation could result in charges of kidnapping in addition to carjacking.

The victim's confinement or restraint within the automobile is another element that raises the crime from carjacking to kidnapping. Carjacking a vehicle and forcing someone inside its trunk goes beyond simple auto theft. Because it involves further restriction, this could be considered kidnapping because it controls the victim's movement and safety.

Defenses You Can Assert in Kidnapping Cases

In the legal system, the presumption of innocence until proven guilty is fundamental, which also applies to kidnapping charges. Should you face charges, your attorney could use any of the following strategies to defend you:

1. The Movement Was Not Enough to Meet The Criteria For Kidnapping

Your lawyer can use the "insufficient movement" defense to contest the kidnapping charges. This approach takes the prosecution head-on, focusing on three crucial elements:

• Distance traveled — Determining the precise distance traveled and the circumstances surrounding it is crucial. It is important to understand the movement's motivation. Was it part of a criminal conspiracy or incidental, like a chance meeting? All these will demonstrate that it is insufficient to meet California's kidnapping standard. This element is crucial, regardless of the movement's length.

• Duration — The movement's time frame is just as important. Your attorney will likely pinpoint the period to prove it does not match the legal kidnapping requirement. There is a significant difference between brief and extended incarceration.

Expert witnesses like criminologists could be called upon to dissect "substantial movement" in complex cases. Witness statements are also crucial. They can provide objective viewpoints to refute prosecution narratives.

In your defense, you can also present alibi proof, particularly in complex cases. Schedules or receipts detailing your movements will help. If security footage is accessible, it will help your case.

Once established, your attorney targets the prosecution’s claims, specifically:

• Making the case that certain behaviors, like quick conversations, were insufficient to qualify as kidnapping under California law.

• Evaluate if a movement significantly increased the danger of victim damage above and beyond the situation.

• Analyzing if any intention to limit freedom existed

Further, your attorney will cross-examine witnesses for biases or exaggerations. This helps put more focus on the prosecution’s failure to prove your guilt beyond a reasonable doubt.

2. You Were Present, But You Were Not The Kidnapper

You can fight kidnapping charges by asserting that you were merely present, but you were not the kidnapper. However, this assertion does not exonerate you. On the other hand, it can lessen the punishment you could face if found guilty.

The prosecution must prove that you intended to kidnap the victim. Evidence that explains your role and witness testimony could prove helpful if they challenge the prosecutor’s arguments.

For example, if you assert that you were present by accident or were mistaken for the kidnapper, security footage or testimonies proving an alibi will prove valuable.

In extreme cases, coercion or duress might be viable arguments for your defense. If threats compelled you to appear, you have a defense against the accusations. Text messages or witness statements attesting to the coercion can be very helpful in bolstering your case.

Note: You could be deemed an aider or abettor if you had any prior knowledge of the kidnapping or offered help, even if it was limited to driving the getaway car. Furthermore, you can be considered to have given your consent and face legal repercussions if you choose not to report the crime or interfere, mainly if you had the opportunity to.

3. You Were Falsely Accused

Facing charges for being present during a kidnapping can be extremely stressful, especially if you believe the accusation is unfounded. Your attorney can leverage this false accusation to develop a compelling defense.

Attorneys will first carefully examine the witness statements to find biases or discrepancies that might call into question the witnesses' reliability. It is equally important to understand your motivation. Was it the result of a recent altercation, a custody battle, or some other personal problem that led to the false accusation? Identifying this motivation can seriously undermine the prosecution's case.

Evidence of a verifiable alibi is equally important. This might include pertinent security footage refuting the prosecution's allegations of you being the offender, timestamped receipts demonstrating your whereabouts during the claimed incident, or documented work schedules.

However, simply demonstrating your absence is insufficient. Even if you were present, your attorney can bolster your case by proving that you had no intent to kidnap the victim. He/she will prove that you were not involved in the kidnapping by closely examining the circumstances leading up to your involvement.

The prosecution has the burden of proof and must establish your guilt beyond a reasonable doubt. A defense based on fabrications raises questions in the jurors' minds and could sway their decision in your favor, even though it does not ensure acquittal.

Exceptions to California's Kidnapping Laws

Kidnapping laws in California offer exceptions for situations in which the act may not be considered illegal. One instance of this exception is protecting a child under 14 from impending danger. You could be excused from kidnapping charges if you are forced to remove, conceal, or harbor a minor because of apparent unsafe conditions.

Penal Code 837 permits you to use a citizen's arrest as an additional defense. This exception is applicable if you're mistaken for a kidnapper. Three circumstances are necessary for a citizen's arrest to be lawful:

• Witnessing a felony.

• Having reasonable cause to believe a felony was committed (even if mistaken), or

• Having direct knowledge of a felony.

Arrests by citizens are risky, though, and should be reserved for extreme circumstances.

Penalties For Kidnapping

Should the jury find you guilty, you will likely face the following penalties:

1. Simple Kidnapping

Simple kidnapping is a felony punishable by:

• 3, 5, or 8 years in state prison and

• A potential $10,000 fine.

2. Kidnapping a Minor Under 14

Kidnapping a child under the age of 14 is a serious crime. It carries:

• A sentence of 5, 8, or 11 years in state prison and a

• A possible $10,000 fine.

3. Kidnapping for Ransom

Kidnapping for ransom is particularly egregious when it involves victim injury or death. This offense carries a potential life sentence without parole under Penal Code 209.

4. Kidnapping to Commit a Crime

You will face penalties under Penal Code 209(b) if you are convicted of kidnapping to aid more serious crimes, including rape, robbery, and several sexual assaults.

Here, the severity of the harm inflicted matters most. If found guilty under PC 209(b), the sentence is life in prison with the possibility of release. However, this harsher punishment is applicable only in cases where the kidnapping significantly raises the victim's danger of injury. It is insufficient just to move the victim during a robbery. There must be a significant increase in risk to warrant a higher sentence.

Additionally, PC209(b) has clauses that guard against double jeopardy. This legal precept guarantees that a person cannot be punished twice for the same offense. You cannot be punished under both PC 209(b) and another law, like PC 667.61, for the same act that violates both statutes.

5. Kidnapping During a Carjacking

Kidnapping during a carjacking can result in a life sentence with the possibility of parole under Penal Code 209.5. This law focuses on circumstances in which a kidnapping occurs during a carjacking, significantly raising the victim's risk.

The critical distinction is how serious the kidnapping was in comparison to the actual carjacking. Naturally, moving the victim to steal the car is part of carjacking. PC 209.5, however, takes effect in cases where this shift considerably increases the risk. For example, putting the victim in the backseat and forcing them to go to a distant location would probably qualify.

Simply relocating the victim within the car during the carjacking would not necessarily trigger the harsher penalty. For instance, it would not be enough to move the victim temporarily to the passenger seat so you could operate the car. Beyond the intrinsic danger of the carjacking itself, there must be a significant increase in risk due to the kidnapping.

Three-Strikes Law

California's three-strikes statute takes a severe approach to kidnapping. Both simple and aggravated kidnapping are strikeable offenses. You will receive a strike on your record upon conviction of either offense. Strikes carry potentially significantly heavier punishments for future crimes.

This statute, Penal Code 667, gives repeat offenders guilty of violent or serious felonies, like kidnapping, much longer penalties.

If you have already received one strike on your record, a new serious felony conviction will result in a double sentence, significantly increasing the possible punishment. A new felony conviction carries a minimum penalty of 25 years to life in prison for anyone with two or more prior strikes.

Find an Experienced Criminal Defense Attorney Near Me

Kidnapping in and of itself is traumatizing to the victims. Facing kidnapping charges with the possibility of imprisonment is equally devastating. In addition to the possibility of lengthy jail time, the stigma associated with kidnapping accusations can damage relationships, ruin careers, and take a toll on your mental health.

For those accused, securing legal representation is paramount. An experienced criminal defense attorney will carefully review the evidence and build a strong case. He/she will navigate the legal maze to protect your rights at every stage. Even seemingly overwhelming evidence can be countered with a well-crafted defense strategy.

Navigating this battle alone is ill-advised. The legal system is complicated. Therefore, an experienced attorney is your best resource for guidance. Their experience increases your chances of securing a favorable result, enabling you to start again and repair your reputation. Call the Monterey Criminal Attorney today at 831-574-1791 if you or a loved one is facing kidnapping charges and you need legal representation.