Extortion by Posing as a Kidnapper California Penal Code 210
California Penal Code 210 restricts a person from posing as a kidnapper in order to retain a ransom, or some other reward. The person has intentionally kidnapped another person without consent and used either force or fear. Force or fear is defined as actually using physical force on the person or threaten to engage in physical harm. There are four ways to meet to violate California Penal Code 210 when the person seeks to obtain a ransom or some other reward. They are 1) The person is the kidnapper 2) The person has seized the victim 3) A person has assisted the kidnapper (Violation of adding and abetting) 4) A person has the power to gain access the victim. There are three defenses to California Penal Code 210.
Under California Penal Code 210 the three defenses are
- 1) The person was mistakenly accused
- 2) The person (The kidnapper allegedly) was a victim of mistaken identity and
- 3) The person had a good faith belief that the person can rescue the kidnapped person but placed no part of the kidnapping, even if he or she collected money for efforts.
If California Penal Code 210 is violated then it is considered a felony. The person will serve up to four years in California State Prison.
Kidnapping is a serious charge that can affect you and your family’s life forever. The penalties and punishments can affect you financially and socially. Depending on the severity of your charge, you could face anywhere from 1 year in jail to 3+ years in a state prison. Because kidnapping is considered one of California’s three strike laws, the punishment can end up being even harsher. The criminal defense lawyers at The Law Offices of Bradley R. Corbett can help. Visit or call us to learn more about the kidnapping charges you face, the possible penalties and punishments, and the defenses we can use to help provide the best result possible.
California separates kidnapping into two categories:
- Simple Kidnapping – This form of kidnapping consists of moving another person without that person’s consent by using force or fear.
- Aggravated kidnapping – This form of kidnapping consists of moving another person without that person’s consent by using force, fear or fraud. Aggravated kidnapping also includes:
- Kidnapping a child under 14 years old
- Holding the victim for ransom
- Causing bodily harm or death to the victim
- Kidnapping another person during a carjacking
Obviously, aggravated kidnapping carries stiffer penalties and punishments that, depending on the factors in the case and your previous record, may add substantially to the outcome.
Child Abduction California Penal Code 278.5
California Penal Code 278.5 restricts a person from abducting a child. This law comes up whenever a person has taken a child and deprived another person from his or her right form the custody of the child. There are three elements to meet to satisfy California Penal Code 278.5. They are 1) The person has taken or kept away 2) A child 3) From a person who has legal custody of the child. There are four defenses to California Penal Code 278.5.
The four defenses to California Penal Code 278.5 are
- 1) The person from whom it was taken from did not have legal custody of the child
- 2) The person was protecting the child
- 3) The person took the child without the intent to commit a unlawful act and
- 4) Mistake of identity.
California Penal Code 278.5 is known as a wobbler which means the person can be charged with a misdemeanor or a felony based on 1) The facts surrounding the situation and 2) The persons criminal history. If it’s a misdemeanor the person faces a maximum sentence of one year in county jail and/or a fine up to $1,000. If its felony the person faces between 16 months tot three years in California state prison and a fine up to $10,000. A person may lessen his or her jail time if 1) Returned the child without injury 2) Returned the child before being arrested or 3) Disclosed information of where the child can be found.
Having a San Diego kidnapping attorney like Bradley R. Corbett in your defense will give you the opportunity to plead your case effectively. He is familiar and has successfully argued the legal defenses for kidnapping charges. Don’t wait. Call or visit us for a consultation today!