Kidnapping Defense Attorney in Marin County
Understanding Kidnapping Laws
It is possible to be charged with kidnapping if there is evidence indicating another individual, whether an adult or minor, was moved against their will through force, violence, intimidation, or fear, according to California Penal Code Sections 207 thru 210.
No matter the circumstances, if you are charged with the criminal offense of kidnapping, now is the time to retain the services of an experienced kidnapping lawyer in Marin County. When you have a seasoned kidnapping defense attorney on your side, they can go to work reviewing the relevant facts and evidence to assess potential defenses and provide a legal path forward.
Request a Callback
We’ll give you a call to discuss the best options for your felony case:
Services CTA
Common Kidnapping Charges
Simple Kidnapping
Pursuant to California Penal Code Section 207(a), someone can be charged with simple kidnapping if there is evidence indicating they took someone, by means of force or fear, into another California county, or any other state, or country. Even taking someone to a place within the same county could result in simple kidnapping charges.
Simple kidnapping is a felony offense. If convicted, a defendant could be ordered to serve between three and eight years in a state prison and be ordered to pay a fine of up to $10,000.
Kidnapping During Carjacking
Pursuant to California Penal Code Section 209.5, it is against the law to kidnap someone during a carjacking. This kidnapping charge can be levied if there is evidence that you moved someone a “substantial distance” from the area of the carjacking and the movement increased the risk of harm over and above that necessary to commit the carjacking.
If convicted of this kidnapping charge, the penalties are severe. For example,a defendant could be ordered to spend the remainder of their life in prison.
Kidnapping for Ransom, Reward, or Extortion
Pursuant to California Penal Code Section 209(a), someone can be charged with kidnapping for ransom, reward or extortion if there is evidence indicating that they kidnapped someone to obtain money or something else of value.
If convicted of this kidnapping charge, and the kidnapped person was seriously injured or died, then the defendant could be ordered to serve the remainder of their life in prison without the possibility of parole. In addition, they could be ordered to pay a fine of up to $10,000. Or, they could be ordered to both pay a large fine and spend their life in prison.
Posing as a Kidnapper
Pursuant to California Penal Code Section 210, someone can be charged with posing as a kidnapper when that person sought a ransom, reward, or anything else of value while pretending to be a kidnapper, or who claimed to have the power to make a kidnapper release a person. It is also worth noting that Section 210 of the California Penal Code can be charged to individuals who aid and abet a kidnapping.
If convicted of this kidnapping charge, someone can be ordered to serve up to four years in a state prison, pay a fine of up to $10,000, or both.
Taking a Hostage False Imprisonment
Pursuant to California Penal Code Section 210.5, someone can be charged with taking a hostage through false imprisonment when the individual who is taken hostage is used as a proverbial “human shield” to permit the alleged kidnapper to circumvent arrest. Basically, someone can be charged with taking a hostage when there is evidence indicating they moved a person in a manner that “substantially increased the risk of harm” to that person.
If convicted of this kidnapping charge, someone can be ordered to serve up to eight years in a state prison, pay a fine of up to $10,000, or both.
Felony False Imprisonment
Pursuant to California Penal Code Section 236, someone can be charged with felony false imprisonment when there is evidence they unlawfully violated “the personal liberty of another” through violence or menace. According to Section 236, the term “violence” means using physical force greater than the force reasonably necessary to restrain someone” and the term “menace” means a verbal or physical threat of harm. Basically, someone can be charged with felony false imprisonment when the kidnapping involves the use of force and/or threats.
If convicted of this kidnapping charge, someone can be ordered to serve up to three years in a state prison, pay a fine of up to $10,000, or both.
Child Abduction Without Right to Custody
Pursuant to California Penal Code 278, someone can be charged with child abduction without the right to custody when there is evidence indicating someone, without the legal right to custody, maliciously “takes, entices away, keeps, withholds, or conceals” any child with the intent to detain or conceal them from the custodial parent.
If convicted of this kidnapping charge, someone can be ordered to serve up to four years in a state prison, pay a fine of up to $10,000, or both.
Child Abduction By Depriving Right to Visitation or Custody
Pursuant to California Penal Code Section 278.5(a), someone can be charged with child abduction by depriving the right to custody or visitation when there is evidence indicating that a child was taken, kept, or concealed in an effort to maliciously deprive the lawful custodial parent of their right to custody or right to visitation.
If convicted of this kidnapping charge, someone can be ordered to serve up to three years in a state prison, pay a fine of up to $10,000, or both.
Kidnapping for Child Molestation
Pursuant to California Penal Code Section 207(b), someone can be charged with kidnapping for child molestation when there is evidence indicating a person hired, persuaded, enticed, decoyed, or seduced a minor younger than the age of fourteen using “false promises, misrepresentations, or the like” to commit a lewd or lascivious act, as defined California Penal Code Section 288.
If convicted of this kidnapping charge, someone can be ordered to serve up to eleven years in state prison, pay a fine of up to $10,000, and/or register as a sex offender.
How Kevin Heaney Can Help You!
If you are in need of a knowledgeable and experienced kidnapping defense attorney in Marin County, then contact Kevin Keaney. Kevin has over 25 years of experience representing individuals charged with various criminal offenses, including kidnapping. He is dedicated to not only meeting but exceeding, your expectations. For example, Kevin takes pride in responding to client inquiries quickly and thoroughly. Whether you call, email, or text, all your inquiries will be answered and returned promptly to ensure you are kept closely informed and well-advised throughout the process. No matter the kidnapping charge, the Law Offices of Kevin Heaney can help.