Law Offices of Robert M. Bernstein Articles What Constitutes Kidnapping?

What Constitutes Kidnapping?

By Robert M. Bernstein   Jul. 7, 2010 1:42p

Los Angeles Criminal Defense Lawyer

What Constitutes Kidnapping?

The crime of kidnapping is defined as the use of fear to take a person and move them against their will. The kidnapper must have held or kept the person by either force or the use of fear as a weapon, and the person must have in no way consented to the event. When attempting to prosecute such a crime, it must be proven that the person was moved a substantial distance, taking into consideration whether or not the distance moved put the person at greater risk of future harm or made an escape more dangerous or less likely.

Experienced Kidnapping Defense Attorney

If successfully convicted of such a crime, a person will be faced with charges that include up to eight years in a state prison with more years being tacked on depending on the severity of the crime and any additional physical or psychological harm that the victim might have suffered. You will be punished with a longer sentence if the person taken was under 14 years of age or if the act of kidnapping caused great bodily harm or death. In the case of aggravated kidnapping or kidnapping resulting in severe injury, punishment could even be a life in prison.

There are, however, several defenses that can be utilized in a case such as this. One of the largest factors that need to be considered and analyzed is the consent of the victim. If the kidnapper, in any way, had reason to believe that they were mature enough to make their decisions and voluntarily and willingly consented to being moved, then a strong defense can begin to be built. If being charged with such a crime, it is absolutely vital that a skilled criminal defense lawyer is contacted as soon as feasible to begin evaluating your unique case.

Los Angeles Criminal Defense Lawyer Robert M. Bernstein is experienced in this area of the law and understands the gravity that accompanies charges of kidnapping. This is no time for you to be giving anything less than your very best effort. By using a creative and tough approach, you can trust that your future is being looked after with all of Mr. Bernstein's expertise and knowledge.

If you or a loved one have recently been accused of kidnapping, contact a Los Angeles Criminal Defense Lawyer today.

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