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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Dublin Kidnapping Lawyer  

Kidnapping is a serious offense in California, and individuals charged usually face severe consequences and penalties. If you have been charged with kidnapping, you might benefit from the counsel of a Dublin kidnapping lawyer.

Being underprepared or underrepresented for police questioning or a trial could prove detrimental to the outcome of your case. By retaining a knowledgeable defense attorney, you could work toward building a persuasive defense to protect your rights.

How is Kidnapping Defined In Dublin?

Under California Penal Code § 207, the crime of kidnapping encompasses several different illegal actions, including using force or fear to hold another person within California and subsequently moving that person to another location. Kidnapping may also include any attempt to entice, seduce, or use any similar act of persuasion toward any child under the age of 14 years, specifically to have them leave the United States, leave California or a county within the state, or to go into another part of the same county within the state, for the purposes of committing an act described in California Penal Code § 288.

Additionally, the above acts of persuasion used with the intent to sell a person into slavery or involuntary servitude could also be classified as kidnapping. So too could forcibly—or through fraudulent means—taking a person from outside of California and subsequently bringing that person to any location within the state. An experienced attorney could help an individual facing charges of kidnapping to understand the nuances of the law, and how it may affect his or her case.

Aggravated Kidnapping

If a kidnapping was committed to commit another crime — such as kidnapping for the purpose of robbery —the charge might be elevated from kidnapping to aggravated kidnapping. A charge could also be elevated to aggravated kidnapping if the act was accompanied by a demand for ransom, if a victim suffered a serious bodily injury or died, or if the act occurred during a carjacking. A Dublin kidnapping attorney with experience in these cases understands the severity of each alleged act and could help explain them to an individual facing charges.

Potential Kidnapping Penalties

Naturally, the specific penalties that are imposed for any charge of kidnapping are dependent on the facts and circumstances regarding each case. Usually, the range of possible penalties is more severe for aggravated cases, although either type of charge could lead to serious consequences.

Anyone convicted of kidnapping may be sentenced to a term of three, five, or eight years in state prison, as well as a fine of up to $10,000. As outlined in California Penal Code § 208, if the victim was under the age of 14 and the perpetrator was not a parent or someone with court-sanctioned custodial rights of the victim, the period of incarceration is increased to five, eight, or eleven years.

A person convicted for aggravated kidnapping, on the other hand, may be sentenced to a term of five years to life in state prison, in addition to a fine of up to $10,000. Regardless of the degree, anyone convicted of kidnapping in any form must usually serve 85% of their prison sentence. In addition, any conviction for kidnapping counts as one “strike” under California’s three-strikes law.

How a Dublin Kidnapping Attorney Could Help

Being accused of a criminal offense can be an overwhelming experience. If you were charged with kidnapping, you might be confused about how to proceed and feel pressure to act quickly.

A seasoned Dublin kidnapping lawyer could help you thoughtfully weigh and consider your legal options. By retaining an attorney, you could work to build a strong case in your defense and avoid implicating yourself under questioning.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer