Understanding Federal Kidnapping Charges in California

Understanding Federal Kidnapping Charges in California

Kidnapping is a very serious crime that can lead to severe penalties if convicted, including life in prison. Kidnapping cases are usually tried under state law, but there are situations where federal kidnapping charges could apply in California. This article will provide an overview of California’s kidnapping laws, when kidnapping becomes a federal crime, the penalties for federal kidnapping, and possible legal defenses.

California’s Kidnapping Laws

California’s main kidnapping law is Penal Code 207(a) PC, which makes it illegal to take, hold, or detain another person by using force or instilling fear in them, and moving them a substantial distance without their consent. This is considered “simple” kidnapping in California. There is also “aggravated” kidnapping under Penal Code 209 PC, which involves kidnapping for ransom, reward, or extortion. Kidnapping is a felony offense in California, with penalties depending on the circumstances:

• Simple kidnapping is punishable by up to 8 years in state prison and/or a fine up to $10,000.
• Aggravated kidnapping can result in a life sentence in state prison with the possibility of parole.
• If convicted of kidnapping a child under 14, it’s 3, 5 or 8 years in prison.
• Kidnapping during a carjacking adds an additional prison term of 3, 4 or 5 years.

In addition, kidnapping is considered a “violent” felony in California. So a kidnapping conviction counts as a “strike” under California’s three strikes law. If convicted of kidnapping after already having two strikes on your record, you would face at least 25 years to life in prison.

When Kidnapping Becomes a Federal Crime

While most kidnappings are prosecuted under California state law, federal kidnapping charges can apply when:

• The victim was transported across state lines or international borders
• Ransom, reward or other benefit is demanded
• The victim is a federal officer or employee, or a foreign official under diplomatic protection
• The kidnapping occurs on federal land or a federal facility like a military base or Native American reservation

So for example, if someone was kidnapped in Los Angeles and taken across state lines to Las Vegas, federal charges could apply. Or if the kidnapper demanded a ransom payment in exchange for releasing the victim, that would make it a federal case under the Federal Kidnapping Act (18 USC 1201).

In situations like these, the FBI would likely take over the investigation and a federal prosecutor would file charges instead of the state. The penalties faced in federal court are often more severe than under California law.

Penalties for Federal Kidnapping

Under 18 USC 1201, the penalties for a federal kidnapping conviction include:

• Up to life in federal prison if the victim was not released unharmed
• Up to 20 years in prison if the victim was released unharmed
• Up to 10 years in prison for attempted kidnapping
• A fine of up to $250,000

So as you can see, federal kidnapping charges are not something to be taken lightly. Just being convicted of attempted kidnapping under federal law can result in up to a decade in prison. The penalties only go up from there if the victim was actually abducted and harmed.

Legal Defenses to Kidnapping

When facing serious federal kidnapping charges, the key is having an experienced criminal defense lawyer on your side to protect your rights. Some examples of legal defenses that could potentially beat the charges include:

• No “substantial” movement – For kidnapping to apply, the victim has to be moved a substantial distance. Your lawyer may argue the movement was trivial or slight.
• Consent – If evidence shows the “victim” willingly went along without force or fear, there was no crime.
• No intent – You had no intent to kidnap someone, it was just a misunderstanding.
• Intoxication – You were too impaired to form the intent necessary to commit kidnapping.
• Duress – You were forced to act under immediate threat of death or serious injury.

An experienced federal crimes lawyer can carefully examine the evidence and determine if any viable defenses exist to get the charges reduced or dismissed. Don’t leave your fate in the hands of the court – fight the charges!

Get Help From a Federal Criminal Defense Lawyer

Being investigated for or charged with a federal kidnapping offense is extremely serious. But the skilled federal defense attorneys at [Law Firm Name] can protect your rights at every stage of the case. We have successfully defended clients against all types of state and federal charges throughout California. Don’t wait to get experienced legal help on your side. Call us today for a free consultation!