Bakersfield Kidnapping Defense Attorney

What is Considered Kidnapping?

Under California Penal Code § 207, kidnapping is defined as moving another person a substantial distance against their will by using force, fear, or fraud. “Substantial distance” does not have a fixed measurement—it depends on the context, such as the distance traveled, the change in environment, and whether it increased the risk of harm.

In some cases, kidnapping can be charged even if the alleged victim was moved a relatively short distance, particularly when the act involved threats or violence.

Elements the Prosecution Must Prove:

To convict someone of kidnapping, prosecutors must prove that:

1. You took, held, or detained another person by using force or fear.
2. You moved that person a substantial distance.
3. The person did not consent to being moved.
4. You did not have lawful authority to do so.

There are also aggravated forms of kidnapping that involve additional factors, such as the victim being a minor, a ransom demand, or intent to commit another crime like robbery or sexual assault.

Common Examples of Kidnapping

While most people associate kidnapping with abduction for ransom, California law covers a wide range of conduct. Some common examples include:

• Parental Kidnapping: When a parent takes or hides a child in violation of a custody order or without the other parent’s consent.
• Kidnapping During a Crime: Moving a victim during a robbery, burglary, or carjacking can lead to aggravated kidnapping charges.
• Ransom or Hostage Situations: Demanding money or other benefits in exchange for releasing the victim.
• Sexual Assault-Related Kidnapping: Moving a person against their will with intent to commit rape or another sexual offense.
• Human Trafficking-Related Kidnapping: Forcing or deceiving individuals to transport them for exploitative purposes.

Even misunderstandings or consensual movements that later appear suspicious can be misinterpreted as kidnapping. Our Bakersfield kidnapping defense attorney from Humphrey & Thompson can carefully investigate the facts to uncover the truth and expose weaknesses in the prosecution’s claims.

Penalties for Kidnapping in California

Kidnapping is typically charged as a felony under California law. The severity of the penalties depends on the circumstances, the relationship between the defendant and the alleged victim, and whether aggravating factors exist.

Standard Kidnapping (Penal Code § 207):

• Sentence: 3, 5, or 8 years in state prison.
• Fines: Up to $10,000.
• Strike Offense: Counts as a “strike” under California’s Three Strikes Law.

Aggravated Kidnapping (Penal Code § 209):

Aggravated kidnapping involves additional elements such as ransom, bodily harm, or sexual intent. Penalties include:

• Life imprisonment with the possibility of parole if the victim was released safely.
• Life imprisonment without parole if the victim suffered serious bodily injury or death.
• Enhanced penalties if the victim was under 14 years old.

Kidnapping During a Carjacking (Penal Code § 209.5):

Life imprisonment with the possibility of parole.

Because the penalties are so severe, early legal intervention is essential. At Humphrey & Thompson, we work to get charges reduced or dismissed and explore every possible avenue for a favorable outcome.

Kidnapping FAQs

Can kidnapping charges be reduced to a lesser offense?

Yes. Depending on the facts, your lawyer may negotiate for reduced charges such as false imprisonment, which carries lighter penalties.

Is attempted kidnapping treated the same as kidnapping?

No. Attempted kidnapping is a separate offense and usually results in a shorter prison sentence, but it still carries severe consequences.

Can someone be charged with kidnapping if they are the child’s parent?

Yes. If a parent violates a court custody order or conceals a child from the other parent, they can face kidnapping or child abduction charges.

What should I do if I’m being investigated for kidnapping?

Do not speak to law enforcement without your attorney present. Contact Humphrey & Thompson immediately to protect your rights and avoid self-incrimination.

How can Humphrey & Thompson help with my case?

Our firm provides skilled representation, thorough case analysis, negotiation with prosecutors, and aggressive courtroom defense to achieve the best result possible.