California Kidnapping Charges: Common Questions

Can a Kidnapping Charge Be Reduced to a Lesser Offense?

It depends on the facts. False imprisonment under Penal Code 236 is a lesser included offense of kidnapping and may be available as a negotiated reduction when the prosecution’s evidence on the movement element is weak or ambiguous. We can assess whether the facts of your case support pursuing that outcome.

What Is the Difference Between Simple and Aggravated Kidnapping?

Simple kidnapping under Penal Code 207 involves moving a person a substantial distance by force or fear without their consent. Aggravated kidnapping under Penal Code 209 adds a further element, such as a ransom demand, a connection to robbery or a sex crime, or bodily harm to the victim, and carries a potential life sentence.

Does a Kidnapping Conviction Count as a Strike?

Yes. Both simple and aggravated kidnapping are violent felonies and qualifying strikes under California’s Three Strikes Law, which means a prior kidnapping conviction doubles the sentence for any future felony.

Can a Parent Be Charged with Kidnapping Their Own Child?

A parent can be charged with kidnapping if they moved the child for an illegal purpose. In custody disputes, the more common charge is a violation of Penal Code 278 or 278.5. The specific facts determine which charge applies, and the distinction carries significant sentencing differences.

What Should I Do If I’m Under Investigation but Haven’t Been Charged Yet?

Don’t speak to law enforcement without an attorney present. Retaining a defense attorney during the investigation stage allows for pre-filing advocacy that may influence whether, and on what charges, the case proceeds. Contact The Maher Law Group, APC at (888) 744-3057 as early as possible.