San Fernando Valley Kidnapping Attorney
LEARN HOW TO DEAL WITH A KIDNAPPING CASE SAN FERNANDO OR VAN NUYS, CA
I have handled many kidnapping cases all over San Fernando Valley in the various courthouses. If it is the type of kidnapping case that carries a potential life sentence, then I suggest you hire an attorney who is battle tested and has dealt with the relevant prosecuting agency and judge on the case. Because of the potential for a life sentence, the prosecutors have a lot of power and negotiating strength when it comes to the resolution of the case.
The way to turn the tide in your favor is to hire an attorney at the Hedding Law Firm who has had success with these type of charges. One big thing I have noticed in kidnapping cases is that many time the prosecutors will over file the case and put someone in the position of facing life when it is entirely inappropriate.
It almost seems like a power move to force the defendant to take the deal they want or risk a much more severe sentence. In my opinion, this is not the right way to dispense justice and I will fight the tactful battle in these scenarios to make sure my client gets the right resolution and is not bullied into a disposition that does not fit the crime.
The two main ways to attack a kidnapping case that has been filed in one of the San Fernando Valley is to show the prosecutors and judge that they can not meet the elements necessary to get a conviction in front of a jury.
This is done by attacking their evidence at the preliminary hearing and getting testimony under penalty of perjury that show they are short of what they need to achieve a conviction.
Another way to point out that the kidnapping charge is too severe is to show the defendant does not fit the profile of someone who should sustain a kidnapping conviction because of their life style and the particular facts of the alleged crime.
If we can show that this is not some sinister plot to steal someone away and that the policy behind the harsh sentencing laws related to this charge is not met, then we are in a position to meet with the powers that be and get the result the client must have! Perhaps we could use a duress or threats legal defense in certain circumstances.
THE LAW ON KIDNAPPING CASES – PENAL CODE 207
The crime of kidnapping is specified under California Penal Code section 207 as moving another person without his or her consent. The charges may escalate to aggravated kidnapping under Penal Code 209 if you used force, threat, or fraud, the victim was under 14 years old, you hold the victim for ransom, the victim suffers bodily harm or death, or the kidnap occurs during a carjacking.
As you can see from the above definition, the conduct necessary for a true kidnapping cases is real serious. If you case is not in this serious category, then you have a fighting chance to get a less severe charge. If, on the other hand, your case does fit in the serious category, then you better hire a powerful attorney to fight the case and take the prosecutors to task.
A conviction requires the prosecution to prove beyond a reasonable doubt that: you took, detained, or held another person by using force/fear/fraud; that you moved the person or made the person move a distance that is more than slight (sufficient distance determined by jury); the person did not give consent to the movement; you did not have a reasonable or actual belief that the person consented to the movement.
Our job and duty as your advocate is to fight on your behalf and build a strong and persuasive case by asserting any and all applicable defenses on your behalf. Common defenses use din kidnapping cases: alleged victim may have consented to being moved; there was insufficient evidence; perhaps you were falsely accused.
We are ready to investigate and do everything we can to get the best possible results. Set up a free case consultation.