Are You Facing Kidnapping Charges in Chino Hills?
According to California Law, Child Abduction, also known as Child Stealing, is defined as enticing away, maliciously keeping, withholding, or concealing any minor child with the intent to deprive another individual of their right to visitation or lawful custody. Child Abduction is more often than not perpetrated by the child’s parents, relatives, in-laws, family members, and grandparents, most of whom typically have no legal rights, custody, or visitation with the child.
If you have been, or believe you could be arrested for kidnapping or child abduction, then you will be facing felony charges if convicted. With a crime this severe, you must retain a top defense attorney in Los Angeles and Chino Hills area to help you fight these charges. If you choose the Law Offices of Rossana Mitchell to fight for you, you will have a team that fights vigorously for your rights. We are focused on obtaining an acquittal, reduction, or dismissal of your charges. Speak with a Chino Hills criminal defense lawyer from my firm today to represent you in your kidnapping case.
Penalties and Punishment For Kidnapping in California
The Los Angeles District Attorney’s office has a specific unit with a well-trained prosecutor that will aggressively prosecute child abduction cases. California Child Abduction laws are primarily contained in Penal Code Sections 207, 208, 209, 209.5 and 278. Each individual Code section refers to a different type of kidnapping. The difference between Codes is the custody of the child and the intent behind the kidnapping.
The circumstances determine the penalty, Child Abduction is considered a “Strike” under California’s Three Strikes Law, in addition to being a violent felony. This means that the defendant must serve at least 85% of their sentence before being eligible for release. The penalties for an abduction of a child ranges from a misdemeanor charge with up to one year in jail and 3 years probation, all the way to a felony charge that is punishable for up to four years in state prison with a fine of up to $10,000. If it is a second or third offense, you could face life in prison. At the Law Offices of Rossana Mitchell, we fight to ensure that will not happen to you.
Child Abduction Defenses in Los Angeles
There are several defenses that can be raised by an attorney when you are facing charges of Child Abduction. The most common defenses are Consent and Lack of Intent. The prosecutor will face the burden of proving the victim did not consent and the defendant intended to take or move the victim without consent. If this is not proven beyond reasonable doubt, then the defendant is not guilty. Other defenses that can be used include:
- Mistaken identity
- You had legal custody of the minor child you are accused of abducting (stealing)
- Insufficient evidence
- The individual you took the minor child from was not the legal custodian of the child
- Lack of physical evidence
- The individual taking the child did not act maliciously but instead had good intentions and took the child to prevent physical or emotional harm to the child in the care of the custodian
- Showing that the person is legally entrusted with the custody of the kidnapped person
- Proving that parents separated without a legal decree. If so, one may take a child from the other, even by deception or trickery, without committing kidnapping.
Contact Our Chino Hills Child Abduction Lawyers
If you have or may be accused of Child Abduction in Chino Hills, then you need to contact a talented and experienced criminal defense lawyer as soon as possible. Here at the Law Offices of Rossana Mitchell, we have years of experience and knowledge that we can bring to help win your case. Contact our office to confidentially discuss your personal legal situation and discover what options are available to you.
Our criminal defense attorneys in Los Angeles are prepared to assist you and determine the facts of your case and see what could be used to achieve a dismissal in your case. If that is not possible, and your prosecutor’s case is strong, we will work to create a plea bargain in your favor to reduce your Child Abduction charge.