Los Angeles Kidnapping Defense Lawyer
Overview: Kidnapping Crimes in Los Angeles
Need a lawyer for a kidnapping case in Los Angeles? Kidnapping is a serious
felony offense, under California law Kidnapping is the taking away, or
movement of another against their will with the threat of harm. Movement,
or asportation as it is called legally, is the essential element of the
crime. Any amount of movement may fulfill this requirement, even if it
is moving someone from one house to another, or from room to room. A common
misperception is that the crime of kidnapping requires that someone is
held for ransom, it does not.
Contact Los Angeles criminal attorney Robert M. Bernstein if you are under
investigation or have been arrested for kidnapping. Kidnapping is a serious
violent offense under California law which means if you are convicted,
you will have a permanent strike on your criminal record, meaning any
second serious or violent felony conviction will carry double the penalties.
A third conviction, even for an offense which is not a serious felony,
you will face 25 years to life in prison.
The penalties for kidnapping are severe, and this offense may be considered a
federal crime, meaning Federal agencies, investigators and prosecutors will become involved. Your
lawyer should be experienced in both State and Federal courts in order to even
have a chance at defending your case. Experience, persistence and hard
work are all qualities it is important to look for in a defense lawyer.
At the Law Offices of Robert M. Bernstein, that is exactly what we provide
to our clients who are facing kidnapping charges.
Kidnapping Penalties in California
The penalties for a kidnapping charge in California are as follows:
Kidnapping: 3, 5, or 8 years in state prison.
Kidnapping of a Child under 14: up to 11 years in state prison.
Kidnapping Causing Great Bodily Injury (GBI) or Death: life in prison, without the possibility of parole.
Aggravated Kidnapping (for the purpose of
robbery, to collect ransom or other additional crime): life in prison, without
the possibility of parole.
Defenses for Kidnapping Charges in California
Arrested for kidnapping in Los Angeles? There are two main defenses your
lawyer may use in defending your kidnapping case. One is “consent”
and the other is “lack of intent”. If your lawyer is able
to prove that you reasonably believed that the victim consented, you should
not be charged with kidnapping (as it is defined as taking someone against
their will). The prosecution must prove that you intentionally took the
person with the knowledge that they did not consent to being taken. As
mentioned above movement is a required legal element of the crime. If
there is no movement of the alleged victim, it may be the lesser offense
of false imprisonment. Using these defense strategies in your favor, your
attorney may be able to clear you of the charges.