Overview of Kidnapping Criminal Charges

Kidnapping is viewed as an especially heinous crime. Legally speaking, it is defined as the taking, stealing, enticing, seducing or luring a person away. This can either be a child or an adult, and the purpose for the taking can have many different manifestations. One thing, however, remains the same - the person was taken for illicit reasons and for harmful conduct.

There are several situations upon which kidnapping does not apply. These include the following:

• If a child, under the age of fourteen, is being taken or seduced away to help protect and defend them from any opposing harm. This only applies if the child is being harbored from harm that is determined to truly be imminent in nature.
• If the person being taken is lawfully, under section 834 of the 2010 California Criminal Code, being arrested by a peace officer who is taking them into custody.
• If the person is being arrested by a private person under section 837, after a public offense or following the commission of a felony that the private party has reasonable cause to believe the person committed.

Do to the severity of the crime, the penalties associated are similarly severe in nature. For the basic foundation of the penalty structure, kidnapping is punishable for three, five or eight years in state prison. If the person who was kidnapped was under fourteen years of age, the defendant could be facing up to eleven years imprisonment. If there are aggravating factors, such as holding the kidnapped for random, the defendant could be facing life in prison without the possibility of parole.

Criminal charges of this nature are serious and should not be treated lightly. For this reason, if you or someone that you care about has been arrested or has reason to believe that they are being investigated, no time should be wasted in contacting a knowledgeable and aggressive criminal defense lawyer. To fully combat these charges, proactive and aggressive steps need to be taken towards defending the legal rights of the defendant.

At Takakjian & Sitkoff, we understand the delicate nature of these cases as well as the importance of their outcome. For this reason, we remain hard-hitting and creative in every way possible. Regardless of the nature of the crime or the details of the circumstances that we are facing, we will constantly work to help our clients with creative answers and tailor-made solutions.

We therefore encourage you to contact a Los Angeles criminal defense lawyer from our firm as soon as you can to receive the support and guidance that you deserve in the pursuit of your just outcome. We have the experience - let us put our knowledge to work for you.