Orange County Kidnapping Crime Attorney
If you're being accused of kidnapping, call Law Office of Michael L. Guisti at (714) 530-9690 for experienced legal representation to help keep you out of jail. We understand that lines can be blurry and sometimes you end up on the wrong end of a misunderstanding. Facing charges of kidnapping can be stressful with severe implications on your personal and professional lives. Our attorneys are here to help.
Kidnapping is defined by Penal Code (PC) 207 as the use of force or fear to take a person and move that person a "substantial distance." This can include cases in custody disputes where one parent removes a child from the care of another who does not have the legal right to do so. Especially in cases involving parents accused of kidnapping their own children, the lines can be blurry and a good defense can successfully dismiss charges or reduce penalties.
In order to be convicted of the crime of kidnapping, a prosecutor must prove the following:
- You detained another person by means force or fear
- By using that force and/or fear, you moved the other person a "substantial distance"
- You were not within your legal right to custodianship
What is considered a "substantial distance?"
A "substantial distance" under PC 207 is a distance more than slight or trivial. However, you can still be tried and convicted of kidnapping if the movement increased the risk of physical or psychological harm, provided the opportunity to commit additional crimes, and/or decreased the likelihood of being caught.
Kidnapping under PC 207 is a felony and if convicted you face between three to eight years in a California State Prison. Additionally, kidnapping is considered a "strike" under California's Three Strikes Law.
There are many scenarios in which an alleged kidnapping can be fought. An attorney at Law Office of Michael L. Guisti can help formulate a defense pertinent to your specific case and fight to reduce your criminal charges. Let us guide you through the legal process, represent you in and out of court, and provide you with the best possible options to make this complicated time much easier for you.
Law Office of Michael L. Guisti has successfully represented clients all over Southern California in cases of alleged kidnapping. Our Orange County criminal defense attorneys have the knowledge and experience to understand the complexities of the law and the court system. Contact us today for a consultation and let us represent you.
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Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.