Orange County Kidnapping Attorney
Orange County Kidnapping Defense Lawyers
Kidnapping is an offense that involves using force or threats to take a person and hold them against their will. Kidnapping may be classified as a federal offense, meaning that the FBI or other federal agencies may be involved in the investigation and prosecution of the case.
If convicted, a defendant accused of kidnapping in California may face up to 8 years in state prison. If a child is the victim, the kidnapping is carried out for ransom or to commit a sex crime, or if the victim suffers injury or death, the person accused of kidnapping may face up to life in prison or possibly the death penalty in some cases. Because the consequences of kidnapping allegations are so severe, it is of the utmost importance that you consult a criminal defense attorney as soon as possible.
The Orange County criminal defense attorneys understand how to address cases involving kidnapping. We have over a decade of legal experience as well as the necessary resources to put to work in defending your rights. We represent clients throughout Southern California and offer a free initial consultation to discuss your particular charges and what our firm can do to help you.
Specific Kidnapping Issues
At the Law Office of David P Schwarz we defend people who are being charge with the crime where the District Attorney alleges in their charges that every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in California or any other state of the United States, and carries that person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.
Many people are unaware of the facts leading up to the charges of Kidnapping that the slightest movement of the person being detained is potentially under the California statute of kidnapping. That is why is important to hire a criminal attorney who has the experience and knowledge of the law and the court system to adequately defend the serious charges of kidnapping.
The issue of moving or exportation is the key to the defense of the charges of kidnapping. The charges require the proper defenses to avoid the serious consequences of the conviction of this offense.
To defend the issue of movement the issue of consent, mistake or other accidental movement issues must be defended properly and that is why at the Law office of
David P Schwarz we have the staff and lawyers properly investigate and defend these charges.
In addition, the more serious offense under Child molestation laws may come into play in California whereby the law states every person, who for the purpose of committing any act defined in Section 288, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping. This charge is quite significant and once a person crosses state lines with another individual unlawfully in their control they may face Federal penalties or charges as well. This could lead to extra charges filed against a person and definitely needs the proper lawyer to defend these more serious and complex legal issues of crossing state lines or potentially issues whereby the person goes into another country
Other Kidnapping issues arise whereby the person takes a person into another state and uses them for the pecuniary gain such as slavery. This occurs when a person is being charged with placing a child into the child sex slave of another country. This potential issue arises often and is seen on the television whereby young boys and girls are induced by monetary gain to come to another country or even state to earn a living and are then forcibly sold into the sex trade. The law states: Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed there from, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person, is guilty of kidnapping. Again although there is no physical touching or grabbing of the person to take them out of the state or into another country the issues becomes the trickery used by that person to take them across state lines. At the Law office of David P Schwarz we can defend anyone who is charged with these crimes and our results are far and above the rest of the lawyers defending kidnapping charges.
In addition, if a person is alleged to have kidnapped a person in another state or country and enters California jurisdiction and would be alleged to have committed that crime in California can be charged in California although the alleged events took place outside of California. At the Law Office of David P Schwarz i have defended many clients from this type of situation and mitigated the charges against that person and saved them from facing many years in California state prison.
Finally the issue of force and the amount of force used to perpetrate the crime of kidnapping are often a litigated issue and the experience lawyer such as I has defended many people whose sole conviction rested on the issue of force. Often this is a subjective issue which requires the skilled and aggressive abilities of a polished and experienced attorney to discuss this issue with the District Attorney and often with the Judge.
As for children and their abduction and the defense to the charges of kidnapping the law only requires the amount of force required to kidnap an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent.
Please call the Law office of David P Schwarz to schedule an appointment with an experienced and skilled kidnapping defense attorney.
Defense Attorneys for Kidnapping Charges in Orange County, CA
Defending kidnapping charges is certainly not easy, but it is possible with the right legal knowledge, experience and resources to put to work in building a case. Questioning all aspects of the charges and all grounds that the prosecution has built their case upon can do much to influence the jury, minimize penalties and possibly avoid a conviction altogether. For example, your attorney may be able to prove that the alleged victim actually gave consent and therefore that kidnapping did not occur. Whatever the particular circumstances of your case, however, it is important to talk to an attorney about your options.
Contact an Orange County kidnapping attorney today regarding your case.
