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It is important to understand that kidnapping or posing to commit a kidnapping is a very serious offense that is punishable by law in the United States. Within the state of California, there are statutes to protect the rights of citizens in relation to kidnapping offenses. The section of the California Penal Code that is associated with kidnapping or an individual who is attempting to kidnap is California Penal Code Section 210. Section 210 stipulates that when a person impersonates someone who is a kidnapper, who aided and abetted a kidnapper or who has the apparent authority to release the person who is being kidnapped. This specific defendant has to complete any or all of the above with a purpose of obtaining a ransom or money aware, extorting something of great value, and has to utilize force to force the individual to give them what they want under duress in order to return the victim who has been kidnapped. What is important about this statute is that a defendant can be charged with the offense even if they merely posed as a kidnapper and did not actually kidnap anyone. That being said, if the defendant did in fact kidnap the victim, they will absolutely face more serious consequences because by committing the act of kidnapping for a reward or ransom, they will be charged for “aggravated kidnapping,” which is sufficient to sustain a sentence of life imprisonment.
While kidnapping charges or falsifying that one is going to commit the act of kidnapping are very serious charges, there are several viable defenses that a prospective defendant can argue on their behalf. However, it is wise that a defendant retain legal counsel in order to ascertain which potential legal action is best for their individual case. Potential defenses that the defendant could explore are: that they act in good faith that they could rescue the individual that was kidnapped and they took no actual part in the kidnapping, mistaken identity or false accusation. If a defendant is convicted of extrusion by posing as a kidnapper, then the defendant can face felony charges that have an imprisonment sentence that can be up to four years.
Our firm works a great deal with cases in connection to extortion and kidnapping. If you are currently being charged with serious offenses such as these or wish to charge another individual, we would be elated to assist you by providing counsel for your upcoming legal matter. In order to learn more about your case, it is usually recommended to arrange a consultation appointment with one of our associate attorneys in order to go over the specific facts of your case and see how our firm can potentially help you. At this point, our associate attorney will decide whether your case is a proper fit for our firm at this time. Thus, do not hesitate to reach out to our firm today in order to get your legal procedure started. By doing this, you can ascertain which path is potentially best for you to move forward and ultimately, succeed in your upcoming legal action.