Top San Jose, CA Kidnapping Lawyers Near You

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.