Two Forms of Kidnapping and Two Defenses against Kidnapping Charges
Kidnapping within the state of California is a very serious offense. Even the simplest form of kidnapping is a felony with a punishment of up to eight years in prison. It may seem strange to call any kidnapping simple, as a number of factors must be taken into account when determining the severity of the crime. For this reason, the state of California has several different classifications of kidnappings. Each category attempts to consider the motivations and circumstances of the abductions.
The following are two classifications of kidnapping and their corresponding punishments:
- Kidnap with intention to extort, hold for ransom, or in which concealment or detainment is utilized can receive a sentence of life in state prison with the chance of parole (as long as the victim did die or not suffer substantial physical harm).
- Kidnap with intention to commit robbery or a sexual crime is also a felony with a sentence of life in state prison with the chance of parole.
These are affirmative defenses against kidnapping charges:
- The natural parent of a child will not be charged with kidnapping, as long as there is not deemed to have been an abduction which is in violation of any prior custodial or court agreements.
- Any person who entices a child away from a situation in which danger is imminent is not guilty of kidnapping.
If you or someone you know has been accused of kidnapping, the San Jose kidnapping defense attorneys of the Law Offices of Daniel Jensen, P.C., are prepared to offer you the committed and vigorous legal representation that you deserve. Contact us by calling (408) 296-4100 today.