Kidnapping Lawyer in Long Beach, California

Being accused of kidnapping can be frightening. Whether it stems from a misunderstanding, a custody dispute, or a serious allegation, the weight of a felony charge can upend your life. The fear of prison, a permanent record, and lasting reputational harm is overwhelming. You may not know what comes next or who to turn to for help.

At McCready Law Group in Long Beach, California, I represent those facing serious criminal charges, including kidnapping. As an experienced kidnapping lawyer, I’ve handled a wide range of felony cases and have seen how quickly these situations escalate. My goal is to help clients understand the legal process and explore their options.

If you’re under investigation or have already been charged with kidnapping, it’s important to take the situation seriously from the start. Reach out to McCready Law Group today to schedule a consultation and talk about what steps to take next.

How Does California Define Kidnapping?

According to California Legislative Information, kidnapping in California is defined under Penal Code §207 as taking or holding a person by force or fear and moving them a substantial distance without their consent. This includes using physical force or making threats to get someone to go with you.

Even if no one was hurt, the act of moving someone against their will can still result in serious criminal charges. Depending on the circumstances, kidnapping can be charged as a standalone offense or tied to other alleged crimes like robbery or carjacking.

In cases involving minors, the law may apply differently. Taking or concealing a child without legal authority—even during a custody dispute—can lead to kidnapping charges, especially if the intent was to keep the child from a legal guardian.

Kidnapping charges are serious regardless of the situation. But California law also allows for enhancements, meaning additional penalties can apply in certain scenarios. If you're facing serious charges like kidnapping, having an experienced kidnapping lawyer is crucial. A lawyer can help you understand the specifics of the law and defend you against the charges.

Aggravating Factors That Increase Penalties

Certain factors can increase the severity of kidnapping charges in California. These aggravating factors can result in longer prison sentences and additional criminal charges. Some examples of aggravating factors in kidnapping cases are:

• Victim under 14 years old: If the alleged victim is a child, it may lead to more severe penalties.

• Ransom demand: If the accused intended to demand money or goods in exchange for the victim's release, this can result in more severe charges.

• Other felony crimes involved: Kidnapping that occurs during the commission of another felony, such as a robbery, can result in greater charges.

• Use of a weapon: If a firearm or deadly weapon was used during the kidnapping, this can escalate the charges.

• Physical harm or sexual assault: If the victim was injured or assaulted during the crime, penalties will likely be more severe.

These aggravating circumstances can complicate a case and lead to harsher sentences. If any of the aggravating factors are involved in your case, it’s essential to have a kidnapping lawyer who can assess the details of your case and work to reduce the potential penalties.

Penalties for a Kidnapping Conviction

A conviction for kidnapping in California often leads to a long prison sentence. The prison term can vary depending on the specifics of the case, and aggravating factors can lead to a significantly higher sentence. The severity of the penalty depends on factors such as whether the victim was harmed or the circumstances surrounding the crime.

Kidnapping for ransom, for example, can result in a life sentence with the possibility of parole. If bodily harm is proven, parole might not be an option. The law also permits enhancements that can add time to the base sentence.

In addition to prison time, a conviction can lead to mandatory registration as a sex offender in some cases. It can also affect future employment, housing, and child custody rights, even after the sentence has been served.

Each case is different, and the potential consequences depend heavily on the specific facts and charges involved. The consequences of a kidnapping conviction are severe, but with the right kidnapping lawyer by your side, you may be able to explore every defense option available to reduce the charges.

Possible Legal Defenses to Kidnapping Charges

Every case has unique details that may point to a potential defense. Examining the specifics, such as the circumstances of the offense, how evidence was collected, and whether proper procedures were followed, can help identify factors that may weaken the prosecution’s case or support a defense.

There are several common legal strategies that can be used in defense against a kidnapping charge, including:

• The alleged victim consented to being moved: If the victim agreed to being moved or relocated, the charge of kidnapping may not apply.

• The movement wasn’t substantial enough to qualify as kidnapping: California law requires that the victim be moved a "substantial distance." If the movement doesn't meet this criterion, it may not constitute kidnapping.

• Mistaken identity or false accusations: In some cases, individuals may be wrongly accused due to mistaken identity or fabricated allegations.

• The accused had legal authority to move the victim: If the person accused had legal authority (e.g., law enforcement or legal guardianship), it may provide a defense against the charges.

• No force or fear was used to obtain compliance: Kidnapping charges often rely on force, threats, or fear. If no force or fear was involved, it may undermine the validity of the accusation.

Not every defense applies to every case, but identifying potential issues early can shape how the case proceeds. Even if dismissal isn’t possible, a strong legal strategy may help reduce the charges or penalties.

Kidnapping Charges in Domestic Disputes

Kidnapping charges can also arise in situations where there’s a domestic dispute, particularly in child custody cases. In these instances, one parent may be accused of unlawfully taking or concealing a child to prevent the other parent from having access.

While these cases may involve emotional and complicated family dynamics, the law is clear: taking a child without the consent of the other legal guardian can result in kidnapping charges. Even if the intent was to protect the child or prevent harm, the law may not recognize these justifications in the context of kidnapping.

In these types of cases, it’s essential to have a knowledgeable kidnapping lawyer who can evaluate the facts, investigate the circumstances of the alleged crime, and help negotiate a resolution that protects your rights and interests.

The Long-Term Consequences of a Kidnapping Conviction

A kidnapping conviction doesn’t just result in prison time, it can affect every aspect of your life. In addition to the immediate penalties, such as jail time and fines, a conviction can follow you for years. A felony on your record can make it difficult to find employment, secure housing, or maintain professional licenses.

In cases involving children, a kidnapping conviction can also impact future custody arrangements, as the courts will prioritize the safety and well-being of the child. The emotional and financial toll of a conviction can be significant, but with the help of an experienced kidnapping lawyer, it’s possible to mitigate these consequences.

I, Attorney Zachary McCready, work closely with my clients to explore every defense option and negotiate outcomes that minimize the long-term impact on their lives. Every case is different, and I tailor my approach to the specific details of each situation, assuring that my clients are fully informed and supported throughout the legal process.