This has to do with a kidnapping that takes place for purposes of ransom or to commit some other serious crime like rape, robbery, extortion. So, obviously this is one of the more serious crimes that an individual case .
Penal Code Section 209 in the San Fernando Valley in California can cause a person to end up serving life in prison if they’re convicted. Other serious kidnapping charges are obviously when the victim is young like under the age of fourteen. That will add extra time on the back of somebody’s sentence.
Kidnapping for Extortion
Kidnapping is a very serious violent crime and it can be done in a number of different ways. We see a lot of kidnapping 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.
That gives the prosecutors a lot of bargaining power when they deal with your attorney because if you go to trial and you lose, you put yourself in a position where you may never get out of prison again. With that type of backdrop against you the prosecutors can really come at you and try to get a high sentence. That’s why it’s crucial you get a criminal attorney who has experience with these type of offenses, knows how to handle them and knows what defenses might be available to you.
Whenever you’re talking about kidnapping, one defense is that the person came willingly because in order for it to be any type of kidnapping, the person is going to have to be taken and moved against their will and it’s going to have to be a substantial distance. It can’t just be a little movement.
If the person agrees to go, consents to go, follows the person, that starts to make the kidnapping argument a lot more difficult to prove because there has to be some sort of movement, some sort of threat or violence. Of course, there are circumstances where somebody tells them, if you don’t do what I tell you to do I’m going to shoot you and I have a gun and show them.
They put the gun away and now the person moves with them willingly. That type of activity would obviously be a situation where the prosecutors would have an argument that the person was moving against their will because they were fearful that they were going to be shot.
Review of Circumstances of Kidnapping Case
So, you really have to look at the overall circumstances of kidnapping cases. I see a lot 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 that prosecutor usually has to go to their supervisor to discuss getting rid of the kidnapping charge, and if the person did some sort of a crime, to insert another charge in there that’s not quite as serious.
The other way to get rid of a kidnapping charge which is a little more dangerous is to fight the case at trial. If the person found not guilty of the kidnapping charge then it’s gone. The problem is 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 big risk when it comes to 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 I have you come in and we sit down and go over all of the details and facts. Obviously, I ask you to be honest about it because telling me a story where you’re only telling your version of events.
Don’t leave out crucial facts that you don’t like cause they make you look bad, obviously it’s not going to help me because what will end up happening is, I will get all the paperwork. I’ll speak to the prosecutor. I will here the witnesses testify, and now all of a sudden I’m going to see the extra information that you didn’t give me and that’s going to put us in a bad situation.
San Fernando Valley Criminal Lawyer
We need to know that extra information in a kidnapping case from the beginning so we can start to defuse some of that. Maybe there’s some defenses to it, but if you don’t tell me about it and it’s not readily apparent, I won’t find out about it until I get into the case, start reviewing it and start making some moves on your behalf.
So, honestly I think is definitely the best policy when it comes to a kidnapping case and giving me the right information will put you in a much stronger position to defend yourself — either win the case if you’ve got a good defensible case or do some damage control and mitigate it down to something a lot less serious than a kidnapping case.
Hedding Law Firm
16000 Ventura Blvd #1208
Encino, CA 91436
Categorised in: Violent Crimes