San Francisco Kidnapping and False Imprisonment Defense Lawyers

Criminal Defense Attorneys in San Francisco Fighting for Your Rights

Many kidnapping or false imprisonment cases are not at all like what you see on television or in the movies. Many of these charges arise from false accusations or simple misunderstandings. Regardless, a conviction for either kidnapping or false imprisonment could have disastrous consequences – not only are you facing jail time and possible fines, but you will have to deal with the public stigma of being a convicted kidnapper.

If you’ve been charged with kidnapping or false imprisonment, you need legal representation as soon as possible. The attorneys at The Law Offices of David S. Chesley defend people charged in the Bay Area with these crimes and know how to make sure you get the best possible outcome. Don’t leave your future in the hands of the prosecution – call us at 800-755-5174 or send us an email to schedule your free consultation and discuss how we can help you.

Kidnapping Under California Law

The crime of kidnapping is laid out in California Penal Code Sections 207-2010. The basic elements of kidnapping are found in Section 207: “Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.” Generally speaking, then, kidnapping is the crime of moving another person a considerable distance through force or fear.

Penal Code Section 207(b) then defines kidnapping to include whenever someone fraudulently induces or persuades a child under the age of 14 to go with them to some other place. Kidnapping also includes abducting people into human trafficking (Section 207c), as well as holding someone hostage during a carjacking (Section 209.5).

Potential Penalties if Convicted of Kidnapping

If you’re convicted of kidnapping, you are facing some very serious consequences. “Basic” kidnapping is a felony and punishable by a prison sentence of three, five, or eight years in a California state prison. In addition, there are many factors that can increase the amount of possible jail time:

• You could face a prison sentence of 5, 8, or 11 years if the victim is under the age of 14;
• You face the possibility of life in prison without parole if the kidnapping involved a demand for ransom, the victim died, suffered bodily harm, or was exposed to a substantial likelihood of death (parole is possible if the person didn’t actually suffer harm or death);
• You face life in prison if the kidnapping involved a sexual assault;
• If the kidnapping involved a carjacking, you could be sentenced to life in prison.

The facts in your case are critical, spelling the difference between three years in prison to life without parole. That said, it’s important to remember that just because you’ve been charged, it doesn’t mean you’re guilty. An experienced criminal defense attorney can protect you from overreaching prosecutors to make sure you get a fair result.

False Imprisonment Under California Law

False imprisonment is a less serious crime than kidnapping, but can still result in serious consequences. California Penal Code Section 236 defines false imprisonment as “the unlawful violation of the personal liberty of another.” In order to convict you of false imprisonment, the prosecution must prove the following:

• That you intentionally and unlawfully restrained or confined another person; and
• That you deprived that person of their liberty by requiring them to go somewhere else or preventing them from leaving.

Note that unlike kidnapping, there does not necessarily need to be any use of fear or force. Simply locking someone in a room or refusing to let them get out of a moving vehicle could result in false imprisonment charges.

The Penalties of a False Imprisonment Conviction

California Penal Code Section 237 lays out the penalties for false imprisonment. Typically, false imprisonment is a misdemeanor charge, punishable by no more than one year in county jail and a fine of up to $1,000.

However, false imprisonment is a “wobbler” charge in California, meaning that it can be charged as either a misdemeanor or a felony. Pursuant to Penal Code Section 237, false imprisonment can be charged as a felony if it involved “violence, menace, fraud, or deceit.” If convicted of felony false imprisonment, you could face a county jail term of 16 months, two years, or three years.

Possible Defenses to False Imprisonment

Kidnapping and false imprisonment are serious charges that carry harsh penalties. If you’re facing charges for either crime, you need an experienced criminal defense attorney who knows how to successfully defend you against such charges.

Here are some of the defenses that your attorney may be able to raise if you’ve been charged with false imprisonment or kidnapping:

• The victim consented to be moved or restrained, or it was unclear that they objected.
• If you have been charged with false imprisonment, you can lawfully restrain someone if it is in self-defense.
• The victim is your child and you have custody pursuant to a court order.
• If you are charged with kidnapping, there was insufficient movement of the alleged victim to support the charge.
• You have been falsely accused.

Unfortunately, many kidnapping and false imprisonment accusations arise from family disputes. For example, a child’s father may take his child out of state to visit the child’s grandparents, resulting in the child’s mother reporting that he has been kidnapped. Alternately, a woman may be accused of false imprisonment because she locked her boyfriend in a room out of fear for her safety.

Call Us Today to Schedule a Free Case Evaluation with a San Francisco Criminal Defense Lawyer

Kidnapping and false imprisonment charges are some of the most serious criminal charges you can face, with the possibility of going to prison for the rest of your life with no chance for parole.

With over 50 years of courtroom experience, the Bay Area criminal defense attorneys at The Law Offices of David S. Chesley have the skills and the experience you need. With over 50 years of courtroom experience, we can provide you with a dedicated, aggressive legal defense. The most important step is to get in touch as soon as possible – call us at 800-755-5174 or fill out our online contact form to schedule your free consultation.