CALIFORNIA CRIMINAL LAWYERS

Los Angeles Child Abduction / Child Stealing

Child Abduction in Los Angeles: Protect Your Rights with Expert Legal Assistance

Child abduction is a serious offense that can result in dire penalties and criminal prosecution. In Los Angeles, anyone charged with child abduction or child stealing faces aggressive and merciless prosecution by the experienced prosecutors at the Los Angeles District Attorney’s office. If you find yourself in such a situation, it’s imperative to seek immediate help from an experienced defense attorney to protect your legal rights and lessen your risk of arrest or conviction.

What is Child Abduction in California?

Under California law, child abduction, also called child stealing, involves the purposeful and deceitful taking, keeping, luring away or concealing of a minor with the intent of interfering with another person’s legal custody or visitation rights. Often, the abductor has close ties to the child, such as parents, grandparents, in-laws, and other relatives who have no legal rights to the child concerning custody or visitation.

Penalties and Punishment for Child Abduction in LA

Child abduction charges in LA are punished under:

      California Penal Code 278 (Child Abduction Without Custodial Right)
      California Penal Code 278.5 (Child Abduction With Custodial Right)

The primary difference between the two laws is that the first applies to individuals who have no legal custody of the minor they are accused of stealing. The latter law is used when the accused has legal custody of the taken child, but they abduct it from another person holding the same legal rights. An offender who interferes with the custodial parent’s or person’s custody or visitation will be prosecuted under Penal Code 278.5.

A conviction for child abduction can result in severe penalties, ranging from a misdemeanor punishable by up to one year in county jail and three years of probation to a felony charge with two to four years in state prison and a hefty fine of up to $10,000.

Legal Defenses Against Child Abduction Charges

If you are facing child abduction charges in LA, a competent defense attorney can take advantage of several common legal defenses to discredit the prosecutor’s case against you. These defenses include:

      You had legal custody of the child you are accused of abducting or stealing and, therefore, did not commit an offense.
      You took the minor child from a person without legal custodial rights to the child.
      You abducted the minor child for a good reason, such as preventing emotional or physical harm while in the care of the custodial parent or guardian.

To obtain a conviction against you, the prosecutor must prove that you kept, lured away, withheld, or concealed a minor. The prosecutor must establish that you had malicious intent and purposefully deprived another person of their legal right to custody or visitation. If the prosecutor fails to prove this, the case may result in a not guilty verdict.

Expert Legal Help for Child Abduction Charges in Los Angeles

If you have been charged with child abduction or feel that you may be accused in the future, seeking immediate help from an experienced criminal defense attorney can help you protect your rights and minimize the risks of a conviction. At our firm, we offer dedicated and competent legal representation aimed at minimizing your legal troubles through a committed fight for your rights.

We understand how stressful and emotionally charged such situations are, and we aim to help you through the whole process effectively. Our team is always ready to answer questions and address any concerns you may have. Contact us today to discuss your legal situation in a confidential setting and learn about the legal options available to you.