Wais Azami is an experienced kidnapping attorney in Orange County. He as successfully defended against such charges and understands that a lot of times this is a misunderstanding amongst people who know each other.
California’s definition of kidnapping:
California law defines the crime of kidnapping under Penal Code 207 as moving another person a substantial distance, without the person’s consent, by means of force or fear. This is the definition of a simple kidnapping.
However, simple kidnapping can become aggravated kidnapping if the following occurs:
- the victim is a child under 14,
- the victim is injured or killed,
- a ransom is demanded, or
- the kidnapping is part of a carjacking
Defenses:
- Victim consented to being moved
- The movement was insufficient to qualify as kidnapping
- You were not the individual who did the kidnapping (might have been only present)
- Falsely accused of kidnapping based on mistaken identity or other factors, and/or
- You had the right to travel with your child—parents who do not have legal custody of the child victim may be convicted of kidnapping and/or child abduction if they take the child or conceal the child from his/her legal custodian
Penalties:
- 3, 5, or 8 years in state prison
- 5, 8, or 11 years if victim is under 14
- Life if weapons used with force or fear
- Strike offense
- Loss of firearms
- Possible loss of public assistance programs
- Immigration consequences
Have you been accused of kidnapping charges?
Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our kidnapping lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.
