Jo-Anna Nieves
Founding Attorney
San Leandro Kidnapping Lawyer
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California enforces stringent kidnapping laws, and any conviction carries the potential for harsh penalties. Although kidnapping charges are serious, there are often viable potential defenses that defendants could use to pursue a positive outcome in their cases.
A criminal defense attorney may be able to raise these defenses on your behalf and fight back against potential conviction. Stand up for your rights in the face of kidnapping charges by enlisting an experienced San Leandro kidnapping lawyer.
Under California Penal Code §207, kidnapping occurs when individuals use force or fear to steal, take, or detain a person and carry him or her into another country, state, county, or another part of the same county. A San Leandro kidnapping attorney could help determine whether the required elements of kidnapping are present in a particular case.
One specific example of kidnapping defined by state law entails hiring, persuading, or enticing someone by misrepresentations to go out of state in order to sell that person into slavery or involuntary servitude. An individual persuading or seducing by false representations a child under the age of 14 to go to another place to commit an illegal sexual act likewise constitutes kidnapping.
In certain cases, additional factors in a kidnapping can lead to a charge of aggravated kidnapping. Aggravated kidnapping under Ca. Pen. Code §209 occurs under any of the following circumstances:
As the penalties for any aggravated kidnapping charges may be extremely harsh, including a life sentence without the possibility of parole, consulting with a kidnapping lawyer in San Leandro may be highly advisable.
In addition to aggravated kidnapping, California law defines various kidnapping-related charges. These charges include child abduction and deprivation of a child custody order, both of which involve parents or non-parents who keep children from their legal parents or guardians.
Ca. Pen. Code §208 dictates that simple kidnapping is punishable by a prison sentence of three, five, or eight years. If the person kidnapped is under the age of 14, however, the potential prison sentence increases to five, eight, or 11 years. In the event that the court orders a sentence of probation, it shall include a 12-month county jail sentence, except in unusual cases in which the interests of justice dictate a lesser penalty.
Aggravated kidnapping in cases of death or bodily harm, meanwhile, can result in a life prison sentence without the possibility of parole. Similarly, if the kidnapping occurs with the intent to commit another felony, including robbery and rape, then a conviction can result in a life prison sentence with the possibility of parole.
Facing accusations of kidnapping can be a frightening and highly stressful experience, but there are ways to fight back against such charges. Due to the potential consequences of a kidnapping conviction, however, contacting a San Leandro kidnapping lawyer early on may be a wise first step.
Criminal investigations that involve allegations of kidnapping and related charges can move quickly, as law enforcement officials often work under public pressure to find and convict the alleged perpetrators of these offenses. Do not delay in contacting legal counsel to protect your rights.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
