What are the Best Defense Strategies If You Were Charged with Kidnapping?
Kidnapping is a very serious charge and I have handled many of these cases in the San Fernando Valley courthouses — Van Nuys, San Fernando and some of the outlying courthouses. Kidnapping is defined under California Penal Code 207. Aggravated kidnapping is defined under Penal Code 209.
A lot of times kidnapping can be charged in such a way that you’re looking at a potential lifetime in prison. There’s two separate sections for kidnapping and if you’re charged with the one that you’re facing life, obviously that gives the prosecutors a lot of leverage against you or your loved one.
If you’re searching for an attorney for your loved one, and I think it’s important that you get an attorney who has handled those type of cases before, had success, been able to keep their clients out of prison for a significant period of time, and really knows the value of a kidnapping case in the San Fernando Valley.
The classic kidnapping (CALCRIM 1215) that we think of is when somebody is grabbed off the street, abducted, a bag thrown over their head and they’re kidnapped for some reason like money or some other nefarious reason. That’s not most of the kidnapping cases that I see though.
Penalties for PC 207 Kidnapping
A lot of the kidnapping cases are what I call tortured kidnapping cases. Meaning, the prosecutors are torturing the kidnapping statute to force a case into that framework in order to really get a severe punishment against a particular individual.
If you’re charged with kidnapping and you’re fearful that you’re going to get a very long prison sentence I suggest that you pick up the phone. Make the call. Let’s sit down and really breakdown what the facts are, because how you handle these cases is, you really look at what’s going on.
Is this the type of case where somebody should be looking at 15 to life for example, or is the case over-filed and it’s more of a different type of charge than kidnapping, or is it that the kidnapping charge does not carry a life sentence with it. There’s a whole bunch of factors to look at.
Factors Considered in Kidnapping Cases
I can tell you right now, what the prosecutors and judges are going to be looking at is (1) they’re going to look at your criminal record. Do you have a bunch of cases? Do you have prior strikes on your record? Are you a career offender? Are you dangerous? That’s the first thing they’re going to look at.
I think the second thing they’re going to look at is the facts and circumstances surrounding the case you’re charged with. I mean, did you kidnap somebody that you don’t know — a complete stranger off the street — for some bad purpose? To rape the person; to keep the person — maybe it’s a child. These are the worse cases.
These are the ones that you could bet the prosecutors are going to be trying to get a life sentence against you for or is it a different situation where they’ve twisted a circumstances into a kidnapping case.
For example, let’s say you’re in a custody dispute with your significant other and you take your child to Disneyland — you take your child somewhere, and your significant other says you’re not supposed to have the child.
You’ve stolen the child and now here you are charged with a kidnapping charge that you really shouldn’t be charged with. So, all we can do is break the case down. That’s how we strategize. We look at your criminal record. We look at what it is you’re claimed to have done and then we beak things down and decide whether or not this really is a case that you should be charged with kidnapping.
Developing a Defense Strategy in Kidnapping Cases
The next thing we’re going to look at in strategizing how we’re going to deal with your case in the San Fernando Valley is, can you win the case? In other words, do you have a defense? Can you claim it wasn’t you that did what they’re claiming, or maybe you didn’t have the intent to kidnap anyone?
Maybe it’s a different circumstance the police didn’t really investigate the thing properly. So we have to look at all the angles and decide if it’s a case we’re going to fight or is this a case that we really need to work out some sort of a resolution on instead of trying to fight the case and then that will dictate what our strategy is going to be moving forward.
So, if you or a loved one has a kidnapping case in the San Fernando Valley and you’re concerned. You need help and you’re looking for an attorney who has skill and knowledge in this area, and has handled thousands of cases in the court where your case is pending.
I specifically know how to deal with a kidnapping place, you’ve come to the right place. Your next step is to pick up the phone. Make the call. Let’s talk either over the phone or in person about what I can do to help you break this thing down, get it resolved, get you or your loved one out of the criminal justice system as fast as possible.