Top Running Springs, CA Kidnapping Lawyers Near You
23 S Griffing Blvd, Asheville, NC 28804
35 E Wacker Dr, Suite 1980, Chicago, IL 60601
150 Southeast Second Avenue, Suite 1200, Miami, FL 33131
15 Cottage Ave 4th FL, Quincy, MA 02169
111 Wood Ave, Suite 501, Iselin, NJ 08830
1821 Wyandotte Street, Ste. 200, Kansas City, MO 64108
1818 Library Street, Suite 500, Reston, VA 20190
1900 Summit Tower Boulevard, Suite 400, Orlando, FL 32810
374 Millburn Ave, Suite 202E, Millburn, NJ 07041
1003 Church Street, Flint, MI 48502
10 Canebreak Boulevard, Suite 110-071, Flowood, MS 39232
1601 E. 18th Street, Suite 370, Kansas City, MO 64108
7251 W Lake Mead Blvd, Suite 430, Las Vegas, NV 89128
43 East 400 South, Salt Lake City, UT 84111
5 Broadway, Suite 3, Freeport, NY 11520
205 26th Street, Suite 21, Ogden, UT 84401
600 W 9th St, Austin, TX 78701
538 Spruce St, Suite 430, Scranton, PA 18503
11693 San Vicente Blvd, #510, Los Angeles, CA 90049
555 Fayetteville Street, Suite 1100, Raleigh, NC 27601
1701 Columbus Avenue, Waco, TX 76701
190 Broad St, Suite 3E, Providence, RI 02903
26648 Van Dyke Avenue, Center Line, MI 48015
5407 Water St, Suite 205, Upper Marlboro, MD 20772
6687 North Channing Way, Fresno, CA 93711
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.