San Bernardino Kidnapping Defense Attorneys

We defend people who have been charged with kidnapping crimes in San Bernardino.

Have you been accused of kidnapping someone and are concerned for your freedom? Kidnapping charges are serious and can lead to lengthy prison sentences and costly fines. If you are facing kidnapping charges, it’s critical that you seek legal counsel from a team of experienced kidnapping defense attorneys in San Bernardino.

The Law Offices of David S. Chesley have extensive experience defending kidnapping cases and is fully prepared to fight for your rights. Call us today for your free case evaluation.

Kidnapping Under California Law

 Kidnapping charges can come easier than one may think. For example, if two parents are going through a custody dispute, they may end up fighting over the child. If the parent without custody takes the child and tries to hide them way from the other parent, it’s considered kidnapping under California law.

Whether you are being accused of kidnapping due to human trafficking, a carjacking incident or abducting your own child, you need a legal professional to protect your rights and guide you through the process.

Basics of the California Penal Code 207-210

California’s kidnapping laws are found under Penal Code 207-210. Kidnapping cases are rarely straightforward. In fact, this is a very sensitive part of the law. It matters how old the victim is, the intent of the kidnapping and if there were weapons, force or assault used.

Let’s go over the California Penal Code in more detail so that you can understand your charges and the possible penalties that may follow.

Section 207 describes what constitutes kidnapping. To summarize, kidnapping occurs when someone moves a person to another place using force or fear. Some kidnappers travel a great distance to ensure that their victim is kept hidden. Others stay surprisingly close, yet hide the victim where they can’t be found.

The Penal Code goes on to define kidnapping situations that do not fall under the “basic” category. Section 207(b) includes kidnapping a child under the age of 14 and persuading them to go to another location. Section 207(c) includes abducting people and using them for human trafficking. People who are held hostage during a carjacking are included under Section 209.5.

What Prosecutors Need to Prove for a Formal San Bernardino Kidnapping Conviction

To be found guilty of kidnapping, a prosecutor has to find you guilty of moving the victim a considerable distance through fear, force or fraud. They must also prove that the victim was not a willing participant.

• Considerable Distance

What is considered a considerable distance? California law states that the victim must be moved to another state, county or country, or to another part of the county.

Under these terms, if you moved another person across state lines, this would be considered kidnapping. However, moving someone to a different part of the county can also be kidnapping. Does this mean that you could face the same serious charges if you abducted your child and kept them at Grandma’s as if you were to move them out of the country? Possibly.

There is no set distance that separates the crime from being serious and not serious. The jury may decide to go easier on you if you only moved your child to a relative’s house, but they may not. When you take a person and force them to hide away, this is kidnapping, plain and simple.

• Victim Did Not Give Consent

Second, a prosecutor must prove that the victim was moved without their consent. Usually, prosecutors will argue this by saying that the defendant used force or fear to coax the victim to going with them. As with considerable distance, there are some subtleties with this part of the law.

For example, what if the threat was unclear? Maybe you told someone, “Come with me or else.” Isn’t this different than holding a knife to someone’s throat and saying, “If you don’t come with me, I’ll kill you.” And, what if you didn’t use threats but rather promises, such as telling a child that you were going to take them somewhere special or buy them a toy. Is this the same as using fear?

In the eyes of the law, subtle threats or influences are the same as a direct threat. You are coercing a person to go with you against their wishes, so it doesn’t necessarily matter that you were “nice” about it. In the end, you are relying on a jury to make the ultimate decision.

Having experienced, aggressive kidnapping defense attorneys in San Bernardino is a necessity. Otherwise, it’s possible that a misunderstanding could result in a kidnapping conviction and prison time.

Penalties for a Kidnapping Conviction

If you are being charged with kidnapping, there are many consequences that may follow. Kidnapping is a serious crime – a felony in fact. It is punishable by imprisonment in a state prison for three, five or eight years. If you are charged with aggravated kidnapping, the penalties are even harsher. Aggravated kidnapping is an upgraded offense that means your kidnapping:

• Involved a victim under the age of 14
• Demanded a ransom
• Involved a sexual assault
• Involved a carjacking

If the victim was harmed in any way, including death, you could face life in prison.

Possible Defenses for Kidnapping Cases

Our San Bernardino kidnapping defense lawyers will review your case and identify its strengths and weaknesses. Depending on the nature of your case, we may suggest one of these possible defenses:

• Victim under the age of 14 was taken, but only to protect them from harm
• Victim taken is your child, and you have a custody pursuant to a court order
• Victim gave you their consent
• There was no considerable movement
• The accusations are false

Have Your Case Looked at by Our San Bernardino Kidnapping Defense Lawyers

Kidnapping charges are extremely serious. If you felt that you were doing the right thing at the time, or that you have a custody pursuant to a court order, it’s possible that we can get the charges dropped. If your circumstances are a bit more complicated, we will look to get your charges reduced.

With the experience our lawyers have working on kidnapping cases, we are often successful in defending our client and avoiding jail time. Even if you think that you have a good chance of winning the case, don’t risk anything. The alternatives are too dire. Contact our criminal defense attorneys in San Bernardino to have your case professionally reviewed.