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Penal Code 207 PC | Kidnapping
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Penal Code 207 PC | Kidnapping
In California, Penal Code 207 PC defines the felony crime of kidnapping. This law makes it illegal to take, hold, or detain someone against their will by using force or fear, and moving them a substantial distance.
Kidnapping charges can arise from a wide range of scenarios, from domestic disputes to stranger abductions. While penalties for basic kidnapping are 3-8 years in prison, aggravated cases with additional factors can result in life sentences.
Let’s take a closer look at the legal definition of kidnapping, penalties, related offenses, and common defenses that a skilled criminal defense lawyer may use.
What Constitutes Kidnapping Under California Law?
The legal definition of kidnapping under Penal Code 207 PC contains the following elements:
- You took, held, detained or moved another person
- You used physical force or fear to take the person against their will
- You moved the other person a distance that was substantial
- You did not have legal authority to do so
Some key points about kidnapping charges:
- Moving the victim just a few feet can constitute kidnapping if done forcibly
- The victim’s consent is not a defense if it was obtained through force or fear
- The prosecution does not need to prove any specific purpose or motive behind the kidnapping
- “Substantial distance” depends on the context, not any set number of feet/miles
Penalties for Kidnapping Under California Law
Penal Code 207 PC kidnapping is a felony punishable by:
- 3, 5, or 8 years in California state prison
- A fine up to $10,000
- Both fine and imprisonment
Factors that can increase the prison sentence to 5 or 8 years include kidnapping for ransom, kidnapping a child, or causing the victim bodily harm.
Legal Defenses to Kidnapping Charges
Fighting kidnapping charges requires an experienced criminal defense lawyer. Possible defenses include:
- Insufficient movement: You did not move the alleged victim far enough under the law.
- No use of force/fear: The alleged victim consented to go with you.
- False accusations: The “victim” is lying or mistaken about what occurred.
- Mistaken identity: You were wrongly identified as the perpetrator.
A skilled attorney can evaluate if any of these defenses may apply in your case and build an aggressive legal strategy challenging the kidnapping charges.
While PC 207 covers basic kidnapping, other California laws prohibit similar kidnapping-related crimes:
- PC 208 – Kidnapping a child under 14
- PC 209 – Kidnapping for ransom/extortion
- PC 209.5 – Kidnapping during carjacking
- PC 236 – False imprisonment
An experienced criminal defense lawyer can help distinguish your charges from these related kidnapping offenses.
Penalties for Conviction of Kidnapping
Being convicted of kidnapping can negatively impact your life for years to come. Consequences may include:
- Years in state prison
- Fines up to $10,000
- Felony probation or parole
- Inability to own firearms
- Difficulty finding future employment
- Potential deportation if not a U.S. citizen
An assertive defense attorney can advise you of all the direct penalties you face if convicted under PC 207.
Finding an Experienced Kidnapping Defense Attorney
Facing charges of kidnapping can feel overwhelming. But skilled legal representation can help avoid harsh penalties.
Look for a criminal defense lawyer with proven experience winning kidnapping cases in California. They will thoroughly examine the evidence against you, research potential defenses, challenge any police misconduct, and build the strongest case possible on your behalf.
An experienced attorney can often get charges reduced or dismissed entirely. Don’t leave your fate up to chance. The right legal guidance can make all the difference in how your kidnapping case plays out.