This is a matter of kidnapping for ransom or to commit other serious crimes such as rape, robbery, or extortion.  It's one of the most severe crimes an individual can commit, as defined under California Penal Code Section 209 PC.

If found guilty, the consequences are a potential life sentence. Particularly serious are cases involving young victims, under the age of fourteen,  which can significantly extend the sentence. Kidnapping is a grave, violent crime, and it can be committed in various ways. 

We see a lot of kidnappings where extortion is involved, where someone's trying to get some money by kidnapping a victim, and then the prosecutors file a Section 209 against them, and a person is looking at life in prison.

It's crucial to understand that prosecutors hold significant bargaining power when negotiating with your attorney. The threat of a life sentence can be daunting, but a skilled criminal attorney can navigate these challenges and explore potential defenses.

Whenever you're talking about kidnapping, one defense is that the person came willingly because for it to be any kidnapping, the person will have to be taken and moved against their will. It's going to have to be a substantial distance.  It can't just be a little movement.

If the person agrees to go and consents to go, and follows the person, that makes the kidnapping argument a lot more challenging to prove because there has to be some movement, threat, or violence.  Of course, there are circumstances where somebody tells them if they don't do what I ask them to do, I'm going to shoot them, and I have a gun and show them.

They put the gun away, and the person moves with them willingly.  That type of activity would be a situation where the prosecutors would argue that the person was moving against their will because they were fearful that they would be shot. Our Los Angeles criminal defense lawyers will examine this topic below. 

What Are the Common Mistakes?

If you or a loved one is charged with kidnapping under California Penal Code Sections 207 or 209, it's crucial to seek legal representation immediately.  One common mistake is not taking the situation seriously, which can lead to severe consequences. Simply hoping for the best is not a viable strategy when facing a kidnapping charge.

Another thing people do, which I think is a mistake, is give up.  A lot of times, kidnapping cases, in particular, are filed improperly.  This means that the prosecutors cannot prove all the elements of the crime.  Sometimes, it's because the prosecutors file it the wrong way, or other times, it's because the police don't understand what is necessary to convict someone for kidnapping.

First, there must be some substantial movement of the alleged victim.  Therefore, you will want to guide them from point A to point B.  That's either done in a car or, for example, during a robbery, victims can be forced a certain distance, but it has to be a substantial distance, not just a very short distance. 

Another thing is that not all cases amount to kidnapping, even though the elements may be present.  Suppose the person has no criminal record, and there is an explanation for precisely what is going on.

In that case, kidnapping may not be the proper charge, especially a Penal Code Section 209 kidnapping, because then the person would be looking at facing life in prison, and a lot of times, that's simply not fair.  Unfortunately, sometimes prosecutors will over-file these cases to use that over-filing as leverage against a criminal defendant, hoping to get them to accept the deal they want. This is often done out of fear that if they take the case to trial, they could potentially face life in prison.

Review of Circumstances of Kidnapping Case

Therefore, you must consider the overall circumstances of kidnapping cases.  I see many of these cases over-filed by the District Attorney's Office, and in that scenario, there are two ways to handle it.  One is to point out the problems with the case to the assigned prosecutor. Then, the prosecutor usually has to consult with their supervisor to discuss dropping the kidnapping charge, and if the person committed another crime to justify adding another charge, that's not quite as serious.

The other way to get rid of a much more dangerous kidnapping charge is to fight the case at trial.  If the person is found not guilty of the kidnapping charge, the case is dismissed.  If the person is found guilty of the kidnapping charge — and it's an aggravated kidnapping under Penal Code Section 209 — the person could be looking at life in prison.  So, you run a pretty significant risk when fighting kidnapping charges.

So, you don't want to fight a kidnapping charge unless you've got a good angle to win the case.  What I do is have you come in, and we sit down to review all the details and facts.  I ask you to be honest because you tell me a story where you only tell your version of events.

Please don't leave out crucial facts that you don't like, cause they make you look bad. I will need something else because what will ultimately happen is that I will receive all the paperwork.  I'll speak to the prosecutor.  I will hear the witnesses testify, and now, suddenly, I'm going to see the additional information you didn't provide, which will put us in a difficult situation.

We need to know that extra information in a kidnapping case from the beginning to defuse some of that.  Perhaps there are defenses to it, but if you don't inform me about it and it's not readily apparent, I won't discover it until I review the case and take action on your behalf.

So, honestly, I think it is the best policy when it comes to a kidnapping case, and giving me the correct information will put you in a much stronger position to defend yourself — either win the case if you've got an excellent defensible chance or do some damage control and mitigate it down to something a lot less severe than a kidnapping case.