Kidnapping and Car Jacking are two crimes that involve taking the liberty and/or property of another through force or fear. As such, they are taken very seriously by the state and always require an experienced and aggressive defense firm.

Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing kidnapping and carjacking charges throughout Orange and Los Angeles counties.

These charges can count as a strike under California’s Three-Strikes Law – meaning you may be required to serve 85 percent of your sentence before being eligible for release. Conviction often means jail or prison time, lengthy probationary sentences and additional legal problems in the event of noncompliance with any of the terms of sentencing. And having a crime of violence on your permanent criminal record can follow you for the rest of your life.

Very few kidnapping charges in California involve the stereotypical crime for ransom. In most cases, it is simply depriving someone or their liberty and freedom. Such a broad legal definition often results in overcharging by the state and abuse of prosecutorial discretion.

California’s kidnapping laws are found under Penal Codes 207-209.5. Kidnapping is defined as moving another person a substantial distance without the person’s consent. Either through the use of force or fear. Often, “substantial distance” is debated. In a domestic argument, for instance, is movement from the kitchen to the bedroom enough to satisfy the legal definition?

Kidnapping is a very serious charge under California law, punishable by up to 8 years in prison.

Aggravated kidnapping charges are possible in cases where a victim is under the age of 14, a victim suffers harm, a ransom is demanded or a number of other laws are violated as they relate to kidnapping. A conviction for aggravated kidnapping is punishable by life in prison.

Kidnapping is a strike under California’s Three-Strikes Law.

Defenses include consent to the move, insufficient movement to satisfy “substantial distance,” actual innocence and false accusations.

California Penal Code 215 sets out the felony penalties for taking the car of another through force or fear. Conviction is punishable by up to nine years in prison. Additional penalties are possible if the victim is injured or kidnapped, if a firearm was used or if the crime was committed in benefit of a gang.

The law is written in such a way that a thorough defense of each element is essential. Mistaken identify is one possible defense. As is contesting the allegation that threat or force was used, which could reduce the charge to simple auto theft.

In either case, kidnapping or carjacking, a reduction of the charges can have a substantial impact on your case. Often the state charges a case up. What you are charged with matters little. All that matters is whether you are convicted in a court of law.

If you are facing charges of kidnapping or carjacking in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.