Top Running Springs, CA Kidnapping Lawyers Near You
1201 Demonbreun St, Suite 1000, Nashville, TN 37203
92 State Street, 8th Floor, Boston, MA 02109
2608 Georgia Street, Louisiana, MO 63353
3601 Eisenhower Ave, STE 425, Alexandria, VA 22304
326 Washington Ave, Suite 2, PO Box 3037, Kingston, NY 12402
306 Grey Owl Run, Oviedo, FL 32766-6601
5820 IH-10 West, Suite 400, San Antonio, TX 78201
61 South Paramus Road, Suite 250, Paramus, NJ 07652
1999 Harrison St, Suite 1800, Oakland, CA 94612
275 Scientific Dr NW, Suite 1000, Peachtree Corners, GA 30092
PO Box 75, New Richmond, WI 54017
15506 Roosevelt Boulevard, Suite A, Clearwater, FL 33756
50 South 16th Street, Suite 2925, Philadelphia, PA 19102
211 North 13th Street, Ste 701, Philadelphia, PA 19107
828 Main St, 19th Floor, Lynchburg, VA 24504
3972 Business Hwy 17 East, Unit E, Bolivia, NC 28422
111 Broadway, # 706, New York, NY 10006
300 Barnstable Road, Hyannis, MA 02601
One Davol Square, Penthouse, Providence, RI 02903
4922 O'Hear Ave, Suite 301, North Charleston, SC 29405
717 Washington St, Floor 2, Oakland, CA 94607
989 Main St, Manchester, CT 06040
PO Box 773, Lindstrom, MN 55045
2220 Tulare St Ste 300, Fresno, CA 93721 2130
107 East Washington Street, PO Box 903, Middleburg, VA 20118
Running Springs Kidnapping Information
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What Qualifies as Kidnapping?
Kidnapping involves taking someone and moving them against their will. If someone is locked in a room against their will, it may be considered false imprisonment instead of kidnapping. However, when the alleged victim is moved to another location, it becomes the crime of kidnapping.
Force in kidnapping can include physical force. However, kidnapping can also be committed through intimidation, threats of violence to the victim or the victim’s family, blackmail, or drugging the victim. Movement can include taking someone to another building, vehicle, another state, or another country.
What Is Parental Kidnapping?
Some kidnapping is done for a ransom, to commit sexual assault, or for other criminal purposes. However, most cases of kidnapping involve family members. According to the Department of Justice, over 200,000 children are abducted by a family member every year. Most kidnappings involve the child’s parent or legal guardian. About half of family kidnapping is done by the biological father and about 25% by the child’s biological mother. Many child custody abductions are not reported as a missing child because their caretakers knew the child’s whereabouts.
When a child I wrongfully removed from the United States or retained outside the U.S., in violation of parental rights, it can be considered international parental kidnapping, which is a federal offense. Under the U.S. Code, parental kidnapping is a federal crime punishable by up to 3 years in prison. However, there may be legal defenses available if the parent was trying to get away from domestic violence.
What Is the Maximum Sentence for Kidnapping?
Kidnapping is generally a felony offense. As a felony, kidnapping is punishable by more than a year of jail time. Penalties may also include fines, probation, and orders of protection against contacting the kidnapping victim.
When sentencing a defendant for a kidnapping conviction, a judge may have sentencing guidelines to determine the specific criminal penalties. Sentencing guidelines can take into account aggravating factors. Depending on the individual circumstances, aggravated kidnapping may involve:
- Kidnapping for ransom
- Kidnapping during a carjacking
- Kidnapping a child
- Kidnapping for sexual assault or molestation
- Using the victim as a shield or hostage
- Inflicting bodily injury
The maximum penalties for aggravated kidnapping can include life imprisonment. In some states, aggravated kidnapping or kidnapping that results in death can be a capital offense.
Can Kidnapping Charges Be Dropped?
Kidnapping charges can be dropped by the prosecutor if they do not have enough evidence or if new information shows the defendant was not guilty of a crime. However, a prosecutor can still go through with pressing criminal charges even if the victim does not want to press charges. The victim’s assistance is generally useful in the prosecution of kidnapping charges but is not necessary. If the prosecutor thinks there is enough evidence to get a guilty verdict, they can prosecute the case no matter what the alleged victim wants.
How a Kidnapping Attorney Can Help?
There are legal defenses available to federal kidnapping charges or parental kidnapping allegations in California. A local criminal defense attorney can evaluate your case, explain your rights, and explore legal defense options. Legal defenses to felony kidnapping charges include:
- Mistaken identity
- False accusations
- Unlawful search and seizure
- The alleged victim gave consent
False accusations are not uncommon in parental kidnapping. A parent or family member in a custody dispute may make up false allegations against the other parent out of revenge. Even without proof that you committed a crime, you can end up under arrest under suspicion of committing kidnapping.
In some cases, the alleged victim willingly goes with the alleged kidnapper and changes their story after the fact. If the person consented to going with the defendant, the defendant should not be convicted of a crime. However, some alleged victims may be unable to give legal consent, including a minor child or people with limited mental ability.
It may be an affirmative defense to kidnapping where the accused took their child or someone else based on an imminent threat of violence or abuse. For example, a non-custodial parent taking their child from an abusive parent could be a defense against kidnapping charges. Talk to a kidnapping defense lawyer about the best defense strategies in your case.
A felony kidnapping charge can result in a felony criminal record, life in prison, and damage to your reputation. An experienced criminal defense lawyer can fight the criminal charges to help you avoid a criminal record. Your kidnapping lawyer may also be able to negotiate a plea bargain, reduce the charges, drop other related charges, or reduce the prison sentence.