Orange County Kidnapping Defense Lawyers

Kidnapping and Hostage Charges

All kidnapping and hostage crimes in California are felonies and are considered violent, which means they are all strikes for the purposes of the three strikes law. Taking hostages is defined as false imprisonment for the purpose of using the victims as a shield or for protection from arrest, if it substantially increases the risk of harm to the victim. Kidnapping is detaining another person and changing his or her location, using either force or another means of "instilling fear." Aggravated kidnapping charges, which carry longer prison sentences, include:

• Kidnapping a child
• Kidnapping for ransom
• Kidnapping for the purpose of committing robbery or sexual assault
• Kidnapping during a carjacking

California also allows a felony parental kidnapping charge against parents who did not have custody at the time of the charge. That means non-custodial parents can end up charged with kidnapping their own children if they misunderstand their visitation rights, are late returning the children or are protecting the children from an unsafe or abusive home.

Importantly, the law allows prosecutors to claim kidnapping defendants "used force" even if they did not actually use violence or weapons. Merely the threat of harm will do. If the victim is an unresisting small child, no threats are even needed. The law considers taking the child a substantial distance, evidence of force.

Circumstances such as the personal and legal relationship between the accused and the victim are very important in kidnapping cases. Prosecutors often must prove the accused intended to commit a crime, which is difficult, and may also have to prove that the victim did not consent to the transportation. However, because kidnapping is a "strike" and a serious crime that can carry life in prison, defendants should talk to a California kidnapping defense attorney as soon as possible after they learn of their charges. The lawyers at Wallin & Klarich will work to keep a kidnapping strike off your record by building a vigorous defense and negotiating with prosecutors for fairer and more appropriate non-strike charges.

Wallin & Klarich has more than 30 years of experience in California criminal defense law. In that time, we've successfully defended thousands of clients accused of serious crimes, winning acquittals, dropped charges or reduced charges or penalties. We know the law, and after so long in practice, we know the courts that will hear our clients' cases. We maintain offices throughout Southern California, from San Diego to Ventura to the Inland Empire, so we can be there for our clients, wherever they are. And because we know how stressful criminal charges can be for our clients and their families, we are committed to always being available to answer questions, 24 hours a day, seven days a week, every day of the year.

Wallin & Klarich offers free consultations to potential clients. To learn more about your rights, call us today at 1-888-287-3485 or fill out our online case evaluation form.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-287-3485 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.