Lawyers for Child Abduction Charges in California
Kidnapping is a serious felony, which makes it a "strike" under California's Three Strikes law. The force required in kidnapping need not be physical force; it may be threats of harm. Kidnapping includes an element of movement of the victim. The movement must be substantial. The law states that, in deciding whether the movement was substantial, the judge or jury should consider whether it increased the risk of physical or psychological harm to the victim or whether the movement gave the attacker a greater opportunity to commit additional crimes.
Kidnapping Defenses
Common defenses to a charge of kidnapping include consent and lack of intent. The prosecutor must prove beyond a reasonable doubt that the alleged victim did not consent to the movement, and the defendant must be found not guilty if he or she reasonably believed the victim consented to the movement. Other defenses may include:
- Insufficient evidence
- Mistaken identity
- Lack of physical evidence
- Showing a person is legally entrusted with the custody of the kidnapped person
- A person's right to take his or her child (even by deception or trickery) from the child's other parent if the parents are separated without a legal decree of separation
Contact Us
The specific facts and circumstances of each case are unique. The criminal law attorneys at the Law Office of John R. Fielding, Jr. & Associates in San Diego will listen to you, discuss the facts of your case and provide you the best possible defense.
If you have been accused of kidnapping, please contact us. Our law office is conveniently located in downtown San Diego, California, across the street from the courthouse.
