California uses Penal Code 207 PC – Kidnapping to prosecute individuals accused of moving someone else a substantial distance without that person’s consent by using force or fear. California treats kidnapping as a felony offense, with convictions resulting in incarceration and fines.
You can learn more about this charge and the California penal code from Silver Law Firm. With over 30 years in business and 10,000 clients served and counting, we have extensive experience in criminal defense.
Reach out now to learn more about how we will fight for your future with unapologetic tenacity if you’re facing kidnapping or other criminal charges.
The Facts About California Penal Code 207 – Kidnapping
Generally, PC 207 charges refer to “simple” kidnapping. According to the laws in California, individuals commit simple kidnapping if they move someone else against their will through the use of force, fear, or fraud. We can go over the different aspects of this charge in more detail:
Explaining What it Means to “Move” Someone for a Kidnapping Charge
Individuals should only face kidnapping charges if they move someone a substantial distance. The court gets to decide if a distance qualifies as substantial or not, considering factors like:
- The total distance covered
- If the movement increased the victim’s risk of sustaining harm
- If the movement decreased the defendant’s chances of getting caught
In the past, the court decided that moving someone as little as 29 feet counted as sufficient movement for a kidnapping.
Explaining What it Means to Act Without Someone’s Consent
Individuals move someone without the other party’s consent if the alleged victim puts up a fight, protests, or refuses to voluntarily go along.
Explaining the Use of Force or Fear
Individuals must force someone else to move through threats, force, or violence to face PC 207 charges. Examples of force, fear, or fraud could include:
- Physically restraining someone before moving them
- Dragging someone to another location
- Threatening someone with a gun to make them move
- Threatening an individual’s family to make them comply
The prosecution must establish that all of the above aspects of the charge took place to secure a kidnapping conviction.
For a free legal consultation with a kidnapping lawyer serving California, call (510) 995-0000
Some Individuals Can Face Aggravated Kidnapping Charges
In some cases, individuals can face charges for “aggravated” kidnapping, which can result in harsher penalties. Aggravated kidnapping charges can apply if individuals:
- Kidnap someone under 14 years old
- Kidnap someone during a carjacking
- Kidnap someone and hold them for ransom
Aggravated kidnapping charges also apply if someone kidnaps another person and the victim experiences bodily harm or dies.
The Use of Fraud in Aggravated Kidnapping Cases
Individuals can face charges for kidnapping someone via fraud in situations involving aggravated kidnapping. In these cases, individuals can face charges if they are accused of lying to an alleged victim to get them to move.
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Results of a Kidnapping Conviction
California treats Penal Code 207 PC – Kidnapping as a felony offense, whether an individual faces simple or aggravated kidnapping allegations. Convictions for simple kidnapping can result in up to eight years in prison and fines of up to $10,000.
Aggravated kidnapping convictions can result in harsher penalties. In some cases, this charge can lead to life in prison. It’s crucial that individuals get help from an Oakland kidnapping lawyer if facing these allegations due to their severe nature.
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How Lawyers Handle Kidnapping Allegations
Criminal defense attorneys use several strategies to handle PC 207 charges. Depending on your circumstances, an attorney may focus on:
Reducing Kidnapping Charges
An attorney may focus on plea bargaining to resolve allegations related to kidnapping. A lawyer can review any plea deals offered by the prosecution.
These deals can reduce the penalties an individual faces, but they do require the accused to admit guilt for another criminal act.
Getting the Court to Drop a Kidnapping Charge
In some cases, the court may agree to dismiss a PC 207 allegation, especially if the prosecution doesn’t have much evidence. A lawyer may also push the court to drop charges if the police violate the rights of the accused during the legal process.
Fighting the Charges in Court
Finally, attorneys know how to take on kidnapping allegations in court. An attorney can work relentlessly to counter the claims made by the prosecution on behalf of a client.
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Defenses to Kidnapping Charges
Several defenses may work to handle kidnapping accusations in California. In some cases, lawyers argue that:
- The alleged victim agreed to go with the defendant.
- The defendant faced false allegations.
- The defendant never used force or fear against the alleged victim.
Other strategies may apply in different situations.
Talk to Us if You Have Questions About PC 207 Charges
You can learn more about Penal Code 207 PC – Kidnapping from our team at Silver Law Firm. We understand this charge and know what it takes to build a successful defense on behalf of our clients.
We have over 37 years of combined legal experience that we can use to help with complex felony charges. You can find out more about how an Oakland criminal defense lawyer from our team can help by reaching out to us now.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
