Have you been charged?
Kidnapping is the illegal moving of someone without their consent under force, fear or fraud. This behavior is a direct violation of California kidnapping law, Penal Code 207 through 209.5 PC. If you have been arrested and charged with kidnapping, you are almost always facing felony charges. If you are found guilty of kidnapping charges, you will face years in prison, probation and a strike on your record. Sometimes, if the victim was a minor or there was injury involved, you may receive other charges as well.
To prove that someone is guilty of kidnapping, a prosecuting attorney must prove that you detained and took someone without their consent by instilling force or fear in the person and moved them a substantial distance. There are times when innocent people are arrested and wrongfully charged with kidnapping or you were not actually the kidnapper, but simply around the crime and in the wrong place at the wrong time. Following an arrest for kidnapping, it is important that you work with an San Jose kidnapping attorney to build the strongest defense possible.
Work with Edward Ajlouny, San Jose Kidnapping Attorney
Although this time in your life may be challenging, it is important to remember that there is someone on your side. I understand that there are plenty of people who are wrongfully charged, and even those who are “guilty” still deserve to be treated fairly by the criminal justice system. If you were involved in a kidnapping or are being charged with kidnapping, there are defenses for you. One strong defense is the “good faith belief of consent” that justifies the defendant truly believed that the person consented to the move. Other times, consent had been given and the person later denies that the consent was given at all. Sometimes a parent will move a minor child to avoid an abusive spouse or fellow parent and they are then wrongfully charged with kidnapping. If you have been arrested, you need to contact my firm as soon as possible so together we can build a strong defense.