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 professional in Los Angeles and Chino Hills area to help you fight these charges. If you choose the Offices of a Legal-Expert 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 expert for child abductions from my firm today to represent you in your kidnapping case.
We want to fight for your loved one! Call me at (909) 229-0539 anytime, anyday!
Penalties and Punishment For Kidnapping in California
The Los Angeles District professional’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{821d9a30f9dbda257d70b4b9f28e9d4ba9aeead45d75f83e6bba923d46eac295} 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 Legal Document Services office, 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 professional 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 experts
If you have or may be accused of Child Abduction in Chino Hills, then you need to contact a talented and experienced criminal defense expert as soon as possible. Here at Legal Document Services office, 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 professionals 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.
FAQs for Child Abduction in California
How long is a sentence for child abduction?
The length of a sentence for child abduction in California varies based on the circumstances of the case and the severity of the offense. Child abduction can be prosecuted as either a felony or misdemeanor, with potential penalties ranging from probation and fines to imprisonment for several years. Factors such as the child’s age, any prior criminal history of the defendant, and the harm caused to the child play significant roles in determining the sentence.
What is the law for child abduction in California?
Child abduction laws in California are primarily governed by Penal Code Section 278 and Family Code Section 3048. These laws prohibit the malicious taking, enticing away, keeping, withholding, or concealing of a child from their legal guardian or custodial parent without consent. The statutes aim to protect the welfare of children and ensure that custodial rights are respected. Violation of these laws can result in criminal prosecution and severe penalties.
What is the penal code for abduction in California?
The primary penal code addressing child abduction in California is Penal Code Section 278. This statute defines child abduction as the intentional and unlawful taking, enticing away, keeping, withholding, or concealing of a child from their legal guardian or custodial parent. The law aims to prevent parental abduction and protect the rights of custodial parents. Depending on the circumstances, violations of this statute can lead to serious criminal law charges and consequences.
What is the penal code 278.5 in California?
Penal Code Section 278.5 explicitly addresses parental abduction cases in California. It pertains to situations where a parent, without lawful authority, takes, entices away, keeps, withholds, or conceals a child from the other parent or legal guardian. This statute aims to safeguard the rights of custodial parents and ensure that children are not unlawfully removed from their care. Violations of Penal Code 278.5 can result in criminal charges and penalties.
Child abduction cases are highly complex and emotionally charged, often involving intricate legal proceedings and sensitive family dynamics. It’s crucial for individuals facing allegations of child abduction or dealing with child custody disputes to seek experienced legal representation.
At Legal Document Services office, our knowledgeable professionals specialize in handling child abduction cases in California. We are dedicated to protecting the rights and best interests of parents and children involved in these challenging situations. Contact us at (909) 229-0539 to schedule a consultation and receive the skilled legal guidance you need.