Top Orange County, CA Federal Kidnapping Lawyers Near You
Fed Trouble? Free Consult. Former Prosecutor & Team Former Federal Agents. Call/Text 24/7. Immediate Response Guaranteed!
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Former Prosecutor Fighting For You! Top Rated Federal Criminal Defense Law Frim.
Our nationwide team of defense lawyers includes a former U.S. Attorney, four former Federal Prosecutors, two former FBI agents and two former Army JAGS.
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SoCal Super Lawyers 16 years in a row, AV rated. Criminal defense attorney offering experience, skill and personal attention.
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When Results Matter Most, Put 42 Years of Criminal Defense to Work For You! Open 24/7. Free Consultation.
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16520 Bake Parkway, Suite 280, Irvine, CA 92618
Representing people in Orange County, California with their Federal Kidnapping issues.
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6345 Balboa Blvd, Suite 247, Encino, CA 91316
If you need Federal Kidnapping help in California, contact Law Office of Gregory Rubel, a local practice in Orange County, for legal representation.
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350 W. Colorado Blvd, Suite 200, Pasadena, CA 91105
Those seeking legal help with Federal Kidnapping can reach out to Buehler & Kassabian, a local practice representing people in Orange County, California.
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333 S Grand Ave, Suite 3400, Los Angeles, CA 90071
555 Flower St, Suite 3700, Los Angeles, CA 90071
5440 Trabuco Rd, Irvine, CA 92620
1 MacArthur Place, Suite 200, Santa Ana, CA 92707
3838 Carson Street, Suite 302, Torrance, CA 90503
695 Town Center Drive, 17th Floor, Costa Mesa, CA 92626
3200 Park Center Dr, Suite 250, Costa Mesa, CA 92626
626 Wilshire Blvd, Suite 460, Los Angeles, CA 90017
120 Newport Center Drive, Newport Beach, CA 92660
9350 Wilshire Blvd, No. 203, Beverly Hills, CA 90212
19800 MacArthur Blvd, Suite 300, Irvine, CA 92612
355 S Grand Ave, Suite 2850, Los Angeles, CA 90071
2049 Century Park E, Suite 3500S, Los Angeles, CA 90067
6464 West Sunset Blvd., Suite 1030, Los Angeles, CA 90028
4350 Von Karman Ave, 4th FL, Newport Beach, CA 92660
100 Wilshire Blvd, Suite 1300, Santa Monica, CA 90401
10250 Constellation Blvd, Suite 900, Los Angeles, CA 90067
865 S. Figueroa St., Suite 3100, Los Angeles, CA 90017
3700 Wilshire Blvd, Suite 950, Los Angeles, CA 90010
3460 Ocean View Blvd, Suite F, Glendale, CA 91208
1400 N. Harbor Blvd., Suite 601, Fullerton, CA 92835
555 South Flower Street, 31st Floor, Los Angeles, CA 90071
Orange County Federal Kidnapping Information
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What is Kidnapping?
Kidnapping involves taking and moving someone against their will. The image of kidnapping may include a sketchy van driving up and pulling someone off the streets, but more commonly, kidnapping occurs with someone the alleged victim knows. Under federal statute, kidnapping of another person is the unlawful:
- Seizure
- Confinement
- Inveigling
- Kidnapping
- Abduction
- Carrying away
Kidnapping crimes can be done for ransom, reward, or any other reason, where it is against the will of the victim or the victim cannot legally consent.
When is Kidnapping a Federal Offense?
Kidnapping can be a state crime or federal crime, depending on the circumstances. In general, kidnapping is a federal offense when the crime crosses state lines or international borders. Under 18 U.S.C. 1201, kidnapping falls under federal jurisdiction when:
- The person is transported through interstate or foreign commerce
- The offender travels across state lines
- Kidnapping is done on the high seas, special maritime jurisdiction, territorial jurisdiction, or on an airplane
- Kidnapping involves a foreign official or official guest
Even if it is unclear whether the alleged victim has been transported across state lines, failure to release the victim within 24 hours creates a rebuttable presumption that the victim was transported in interstate commerce.
Federal authorities in a kidnapping case can include federal law enforcement officials, like the F.B.I., and local law enforcement officers.
What Are the Penalties for Kidnapping?
Federal kidnapping charges are generally a felony. The penalties for kidnapping are severe. Kidnapping convictions can result in imprisonment for any number of years, including up to a life sentence. In some cases, the crime of kidnapping can be punishable by the death penalty.
If more than one person conspires to commit kidnapping, each shall be punished. Even attempted charges of kidnapping include a prison sentence of up to 20 years in a federal penitentiary. If kidnapping offenses involve a minor child under the age of 18, the minimum sentence is 20 years in jail up to life in prison.
A felony criminal record can also result in lifelong consequences. Many job applications, housing applications, and federal laws require disclosure for a felony conviction. Individuals may be limited in federal benefits, gun ownership, and be restricted from certain professions.
What Is the Difference Between False Imprisonment and Kidnapping?
False imprisonment and kidnapping are related criminal offenses. However, the primary difference between kidnapping and false imprisonment involves moving the kidnapping victim. False imprisonment generally involves unlawful force to restrain a person’s movement. However, kidnapping generally requires some forced movement of the victim to another place or location.
How Can a Kidnapping Defense Lawyer Help?
An accusation of kidnapping can be shocking. There may be a number of explanations for why your actions should not be considered kidnapping. Even if you made a mistake, you have the right to a legal defense. In some cases, a legal defense to kidnapping could involve showing the alleged victim consented. If the other person involved agreed to go with the defendant but later regretted their decision, the defendant should not be found guilty of a crime.
Another legal defense could involve a Fourth Amendment violation of your constitutional rights. Under the 4th Amendment, you have the right to be free from unlawful search and seizure. If the police conducted an unlawful search without a warrant, your criminal defense lawyer may be able to keep any unlawfully gained evidence out of court.
If there is a strong case against you, your lawyer may be able to negotiate better terms through a plea bargain. In exchange for pleading guilty, your criminal lawyer may be able to have federal charges reduced, dropped, or get probation instead of jail time. Talk to a criminal attorney about the best legal defenses available in your case.
Can I Be Charged With Kidnapping for Taking My Child Out of State?
Yes, you can be charged with kidnapping for taking your own child out of state. Many parents still worry about a stranger taking their child off the street on their way home from school. While there still is some risk of strangers kidnapping children, the majority of children kidnapped or abducted involve family members. According to the Polly Klaas Foundation, over 200,000 children are abducted by a family member every year, most commonly by a parent in violation of legal custody.
International parental kidnapping is a separate offense. Under 18 U.S.C. 1204, removal of a child from the United States with the intent to obstruct parental rights is international parental kidnapping. Penalties for a criminal conviction include up to 3 years in federal prison. However, it may be an affirmative defense if the defendant was fleeing an incidence or pattern of domestic violence. Talk to a criminal defense attorney about valid defenses to criminal charges of kidnapping.
There are also special rules in federal kidnapping law when the offender has some family relationship to a minor under the age of 18, including for a:
- Grandparent
- Brother or sister
- Aunt or uncle
- Legal guardian