Los Angeles Kidnapping Lawyer
In every state and especially in the state of California, few crimes are considered more serious than kidnapping. A conviction for aggravated kidnapping in this state can send an offender to prison for life. While California distinguishes between “simple” and “aggravated” kidnapping, both crimes are felonies and considered “strikes” under California’s Three Strikes Law. A conviction for simple kidnapping, even if you have no prior criminal record, can send you to a California state prison for eight years. In southern California, if you are accused of kidnapping, you’re going to need experienced defense representation as quickly as possible. For more than a decade, the Los Angeles kidnapping lawyers with the Miranda Rights Law Firm has defended those accused of kidnapping and other extremely serious felonies. Los Angeles kidnapping lawyer, Douglas Miranda provides aggressive, tenacious defense representation and will not hesitate to challenge a prosecutor’s evidence and witnesses on your behalf.
YOU NEED A GOOD DEFENSE ATTORNEY
In California, a simple kidnapping is defined as moving another person a substantial distance against that person’s will by using fear or force, that is, by using actual force or by threatening to inflict imminent physical harm. Aggravated kidnapping happens when force, fear, or fraud is used to kidnap a child under the age of 14; when a ransom demand is made; when the victim suffers serious bodily harm or death; or when a kidnapping is committed as part of a carjacking or other crime. A conviction for aggravated kidnapping can be punished in California by life in prison. Don’t let that happen to you; trust your case to an experienced Southern California defense lawyer who has the experience, resources and skills required to defend you from a serious crime such as this, which can lead to imprisonment.
Sometimes an alleged “kidnapping” is just a misunderstanding with no criminal intent. You may have actually believed that the alleged victim was voluntarily accompanying you; you may have been just an innocent bystander; and sometimes abduction and kidnapping accusations are entirely false and only later discredited by skilled defense attorneys.
Some kidnapping cases hinge on the precise interpretation of what constitutes “movement” and “substantial distance.” Dragging someone into the next room may be battery, for example, but it’s probably not kidnapping. Perhaps you were an innocent bystander and not involved in the actual kidnapping of the victim, so you shouldn’t face these charges. Sometimes, those who are accused of kidnapping have been falsely accused or a victim of mistaken identity.
There are also a few exceptions to the law, including taking or concealing a child under the age of 14 if you do so to protect the child from reasonable and imminent danger. You may also be exempt from kidnapping charges if you are placing someone under a citizen’s arrest. You can legally put someone under a citizen’s arrest when you witness that person commit a felony, know that the person committed a felony or have reasonable evidence to believe that he or she committed a felony. In these cases, kidnapping charges are not relevant.
Regardless of the circumstances, just remember that a kidnapping charge does not always mean a conviction. If you face a kidnapping charge for any reason in southern California, get legal representation and contact an experienced Los Angeles kidnapping defense attorney as quickly as possible.
KIDNAPPING DURING THE COMMISSION OF A CARJACKING
If you commit a kidnapping while also committing a carjacking, this is considered a form of aggravated kidnapping. You may be charged and convicted with kidnapping during the commission of a carjacking if you:
- Move the victim beyond what is merely incidental to the carjacking,
- Move the victim a substantial distance from the area of the carjacking, and
- The movement of the victim increases the risk of harm over and above that necessary to commit the carjacking.
A carjacking typically occurs when someone forcibly removes a victim from the car in order to steal the car. However, sometimes, carjackers do not remove the person from the car, and instead push them over to the passenger’s seat or backseat before driving away. If this happens, you could face charges for kidnapping and carjacking. You may also face a count of kidnapping for every individual who was in the vehicle at the time.
If you are charged with kidnapping during the commission of a carjacking, you face serious penalties. Not only will you face a maximum penalty of life in prison without parole, but you will also get one more strike on your record under California’s three strikes law.
Don’t put your future at risk by working with an inexperienced lawyer. Trust a knowledgeable Los Angeles kidnapping attorney with years of experience defending clients against serious charges. Attorney Douglas Miranda will review your case, discuss every legal option available to you and then fight for your rights to achieve the best possible outcome.
THREE STRIKES LAW
Every kidnapping conviction, whether it is simple or aggravated, counts as a strike on your record under California’s three strikes law. This means if you are charged with another felony after your kidnapping conviction, you will receive a second strike, and the sentence that you face may be double what is required by the law. If you are charged with a third felony and convicted, you will serve a mandatory minimum sentence of twenty five years to life in prison.
Because a kidnapping conviction counts as a strike on your record, it’s even more essential you work with an experienced Los Angeles kidnapping defense lawyer. Contact Attorney Douglas Miranda as soon as you are charged with kidnapping. The sooner that you work with Attorney Douglas Miranda, the sooner that he can begin defending your rights and fighting against your charges.
WE DEVELOP AN EFFECTIVE DEFENSE
If you’re charged with kidnapping now or in the future in southern California, put an experienced Los Angeles criminal defense lawyer to work for you. After assessing your case, Douglas Miranda will explain your legal options and develop the most effective possible defense. At the Miranda Rights Law Firm, we take our responsibility to our clients seriously, and we put our experience to work for you. To arrange a free consultation with an experienced Los Angeles kidnapping lawyer, contact us today. Send an email, or call 213-255-5838. Se habla español.