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#1 Rated Los Angeles Kidnapping Lawyer | Cyrus Tabibnia

LOS ANGELES KIDNAPPING DEFENSE LAWYER

Kidnapping is a criminal offense covered by California Penal Code Section 207. It is classified as a violent crime and involves using force or fear to transport another person a substantial distance against their will to another location, which may include a different county, state, country, or even a different part of the same county.

The act of kidnapping can involve various means such as the use of force, intimidation, threats, deception, fraud, or blackmail without their consent. It has been considered a highly severe offense in California. Don’t wait, have competent legal representation if you or a loved one face such charges. Cyrus Tabibnia, a Los Angeles criminal defense lawyer, possesses extensive experience in handling kidnapping cases and possesses the knowledge and skills required to mount a robust defense against these charges.

In the state of California, there are multiple forms of kidnapping offenses that are differentiated based on specific circumstances. These variations include kidnapping for ransom, kidnapping with the intent to commit robbery, rape, or oral copulation, as well as kidnapping that occurs in the context of a carjacking crime.

TYPES OF KIDNAPPING CHARGES CALIFORNIA

In California, there are various types of kidnapping charges that can be levied, including:

KIDNAPPING FOR CHILD MOLESTATION

The act of kidnapping a child with the intention to commit child molestation is a punishable offense in California, carrying a potential sentence of up to eight years in state prison. It is important to note that even in cases where no actual lewd acts have been committed, a defendant can still face charges if the prosecution can demonstrate the intent to engage in such acts. These provisions are covered by Penal Codes 207(b) and 288(a).

KIDNAPPING FOR RANSOM, REWARD, OR EXTORTION

Under California law, kidnapping someone with the intent to extort money, valuables, or a ransom from their friends and family, or with the purpose of obtaining a reward for the act of kidnapping, is considered a form of aggravated kidnapping. This offense is specifically addressed in Penal Code 209(a), which covers kidnapping for ransom or extortion.

Aggravated kidnapping for ransom or extortion is regarded as an extremely serious crime. If convicted, the punishment for this offense is life imprisonment in state prison, with the possibility of parole only if the victim remains unharmed. This stringent penalty reflects the gravity of the crime and the potential harm inflicted on the victim and their loved ones.

KIDNAPPING FOR ROBBERY, RAPE, OR OTHER SEX OFFENSES

Under California law, if a kidnapping occurs to aid in a robbery or to enable the defendant to commit a sexual offense, it is classified as aggravated kidnapping. Penal Code 209(b) specifically addresses this type of offense.

Aggravated kidnapping for the purpose of robbery, rape, spousal rape, oral copulation, sodomy, or any violation of Sections 264.1, 288 PC, or 289, carries severe penalties. A person convicted of such an offense is subject to life imprisonment in state prison, with the possibility of parole.

KIDNAPPING DURING A CARJACKING

In California, kidnapping during a carjacking refers to the act of forcibly taking control of a motor vehicle from its owner or occupant against their will, while also kidnapping them in the process. This can involve making the driver move to the passenger seat or forcibly restraining them while driving the vehicle a significant distance away from its original location, with the victim still inside.
The criminal offense of kidnapping during a carjacking is addressed by multiple Penal Codes in California, including Penal Code 207(a), Penal Code 209.5(a), and Penal Code 215(a).

KIDNAPPING A CHILD OR PERSON INCAPABLE OF CONSENT

Under California law, the act of kidnapping a child or an individual who is incapable of giving consent, such as a person with cognitive impairment, is addressed by Penal Codes 207(a) and 207(e).

CHILD ABDUCTION

As per California Penal Code Section 278, & 278.5, child abduction charges are applicable when a person unlawfully takes, entices, or conceals a child from their lawful custodian, such as a parent or legal guardian, without permission or court order.
It is important to note that the specifics of these charges may vary under California law, and legal advice should be sought for accurate information and guidance tailored to individual circumstances.

POTENTIAL PENALTIES FOR KIDNAPPING CHARGES

The penalties for kidnapping in California can vary significantly based on factors such as the presence of additional crimes, harm inflicted on the victim, and the potential for serious injury or death. Kidnappings not aggravated by other offenses can result in a sentence of up to eight years in state prison, along with a maximum fine of $10,000.

In cases where the kidnapping is accompanied by additional crimes or the victim suffers harm, the penalties become more severe. Aggravated kidnappings carry a potential sentence of life imprisonment in state prison, along with a maximum fine of $10,000. The availability of parole in these cases depends on the nature of the additional offenses committed during the kidnapping and whether the victim was harmed.

It is important to note that all kidnappings are considered serious felonies under California law and are classified as strikes under the state’s three-strikes law. If an individual accumulates three strikes, including kidnapping convictions, they face a minimum sentence of 25 years in prison, up to a potential life sentence.

Please keep in mind that this information is a general overview and does not account for all possible circumstances or recent changes in the law. To obtain accurate and up-to-date information about penalties for kidnapping in California, it is advisable to consult with a legal professional or refer to the relevant statutes and guidelines.

LEGAL DEFENSES AGAINST KIDNAPPING CHARGES

Here are a few common defenses that may be applicable:

  • Lack of Intent: Kidnapping requires the specific intent to unlawfully move, abduct, or confine another person. If it can be demonstrated that there was no intent to commit kidnapping, it may serve as a defense.
  • Consent: If the alleged victim voluntarily consented to the movement or confinement, it may be a defense against kidnapping charges. However, it’s important to note that certain circumstances, such as situations involving minors or individuals incapable of giving legal consent, may restrict the applicability of this defense.
  • Lawful Authority or Parental Rights: If the accused had lawful authority or parental rights over the alleged victim, it might be a defense against kidnapping charges. For example, if the accused was acting within the scope of their custodial rights or responsibilities, it may be considered a valid defense.
  • Mistaken Identity: If there is evidence to support a claim that the accused was mistakenly identified as the perpetrator, it could be a defense. This defense relies on presenting evidence that challenges the accuracy or credibility of the identification.
  • Coercion or Duress: If the accused was forced, threatened, or coerced into participating in the alleged kidnapping, it may serve as a defense. This defense requires showing that the accused acted under duress and had no reasonable alternative but to comply.
  • Insufficient Evidence: Challenging the evidence presented by the prosecution is a common defense strategy. This may involve questioning the reliability or credibility of witnesses, challenging the collection or handling of evidence, or presenting alternative explanations for the events in question.

These are just a few potential defenses, and the viability of each defense depends on the specific circumstances of the case. Consult with a knowledgeable criminal defense attorney Cyrus Tabibnia who can assess the details of your situation and provide appropriate legal advice tailored to your case.

IMMIGRATION CONSEQUENCES

If you are not a citizen of the United States, a conviction for kidnapping may have negative consequences for your immigration status. Contact an immigration attorney for further guidance. The Tabibnia Law Firm can also refer you to an excellent immigration lawyer if you require one.

CALL KIDNAPPING DEFENSE ATTORNEY LOS ANGELES

Facing a kidnapping charge can result in serious legal consequences, potentially even being classified as a federal crime. It is crucial to receive a fair evaluation of the prosecution’s case and determine the most effective course of action. That’s why it’s important to have strong legal representation that can carefully examine police reports and investigations.

The Tabibnia Law Firm, a Los Angeles criminal defense firm, possesses substantial experience in both state and federal courts, offering the best opportunity for a favorable outcome. With attorney Cyrus Tabibnia’s skill and expertise, you can trust that your case will be handled diligently to protect your rights and pursue the most favorable resolution possible. Mr. Tabibnia understands the serious nature of the offense, how best to defend you, and how to resolve your case without you going to jail. Call: 866-713-2159.

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    EXCELLENT rating
    Based on 39 reviews
    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
    Pharroh Knight
    Pharroh Knight
    2 April 2024
    Thank you for being so generous with your time and expertise and providing a legal consult! We really appreciate it
    Eli Elay
    Eli Elay
    6 February 2024
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    MICHELLE ROMAN
    MICHELLE ROMAN
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    Mr. Cyrus Tabibnia has been outstanding in his knowledge and work related to legal matters. I have very much appreciated working with you.
    Rinah
    Rinah
    14 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I endorse the Tabibnia Law Firm. Mr. Tabibnia is colleague and staunch professional. He is clearly dedicated to his clients, craft, and practice. Do not hesitate to reach out to Mr. Tabibnia for services.
    Daniel Forouzan
    Daniel Forouzan
    10 November 2023