Jo-Anna Nieves
Founding Attorney
Alameda Kidnapping Lawyer
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Securing a kidnapping conviction requires proof that the defendant intended to commit kidnapping and removed the victim from a location without their consent. Absent adequate evidence in support of these elements, a defendant may be eligible for reduced charges or even a dismissal of charges, depending on the circumstances.
Potential defenses in kidnapping cases may include the consent of the alleged victim, lack of intent, and mistaken identity, among others. Even where the evidence to support the charges is robust, an Alameda kidnapping lawyer may be able to negotiate a successful resolution. Reach out to a defense attorney today for help.
California Penal Code § 207 defines kidnapping as the use of force or fear to detain or take persons to a different location, whether it is another county, state, or country, or a different part of the same county. Beyond the general code section establishing kidnapping as a criminal offense, various other code sections set forth more specific types of abduction.
For instance, under Cal. Pen. Code § 209, aggravated kidnapping occurs when individuals take various actions, including holding others for ransom, kidnapping others to commit rape, a kidnapping that results in death or bodily harm to others, or purposefully confining individuals in a way that significantly increase their risk of death. Likewise, Cal. Pen. Code § 209.5 govern kidnapping that occurs in the context of a carjacking.
Furthermore, Cal. Pen. Code § 278 defines child abduction, which occurs when individuals who have no right to the custody of a child take, withhold or conceal the child with the intentions of keeping the child from a lawful custodian. Parental kidnapping under this code section may constitute a misdemeanor or a felony under California law. As a kidnapping lawyer in Alameda may attest, individuals who commit kidnapping and related crimes may face severe penalties in the event of a conviction.
Under Ca. Pen. Code § 208, individuals convicted of kidnapping may receive a prison sentence ranging from three to 11 years, depending on the age of the subject of the abduction. The court also has the option of ordering probation; however, all sentences of probation must include a 12-month jail sentence, unless the court makes specific findings to justify a lesser penalty.
A conviction on aggravated kidnapping charges can result in a minimum 12-month jail sentence to a maximum sentence of life imprisonment. Deviation from this minimum sentence is possible, but only in the most extraordinary circumstances. Furthermore, if the aggravated kidnapping results in death, bodily harm, or confinement in a way that substantially increases the risk of death or physical injury, the sentence may be life in prison without the possibility of parole.
Parental kidnapping can result in up to one year of incarceration in the county jail if charged as a misdemeanor, and a state prison sentence of two to four years if charged as a felony. A kidnapping that occurs during a carjacking may result in a life prison sentence, but with the possibility of parole. An attorney in Alameda may be able to better explain the nuances between the different charges and their accompanying penalties, as well as how they apply in a specific situation.
Accusations of kidnapping can have harsh consequences that may impact you and your family for the rest of your life. As with a felony conviction, you may lose some fundamental civil rights that you will be unable to regain. An Alameda kidnapping lawyer could make the difference between a life in prison and a chance at rebuilding your life.
Kidnapping also counts as a “strike” offense for the California Three Strikes law. As a result, if you are facing kidnapping charges and you have a prior conviction for a qualifying crime, you could be facing double the potential sentence. Contact a lawyer today for representation.
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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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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
