| Kidnapping, Carjacking, and False Imprisonment |
The crime of kinapping can be defined generally as unlawfully seizing and carrying away a person by force or fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time. The carying, the movement, need only be minimal. Many states, including California, have enacted special laws for carjacking, a specialized form of kidnapping. Carjacking occurs when one person forces a driver out of the driver's seat and steals the vehicle. Carjacking is a felony whether the aggressor keeps the victim in the car or forces the victim from the car. There are certain presumptive sentencing laws associated with kidnapping as well. In California, the carjacking statute is contained within the penal code's chapter on kidnapping, and it can carry a sentence of life imprisonment without the possibility of parole. (Cal Penal Code §209.5) Additionally, both kidnapping and carjacking are considered "serious or violent felonies" - strikes under California's "Three Strikes" law. Both carjacking and kidnapping can be used as the underlying conduct in felony murder cases and as "special circumstances" to support a death penalty finding in capital murder cases. Kidnapping laws are similar to laws on unlawful or felonious restraint, parental kidnapping, and false imprisonment. These crimes cover the range of unlawful movement and unlawful restraint cases. False imprisonment technically is a lesser form of kidnapping because it does not require restraint for a specified period or specific purpose (such as to secure money or commit a felony). False imprisonment is a relatively inoffensive, harmless restraint of another person. It usually is prosecuted as a misdemeanor, punishable by no more than a year in county jail. Parental kidnapping is the abduction of a child by a parent. As an aggressive criminal defense attorney in Southern California, I have handled numerous cases involving kidnapping, carjacking, and false imprisonment. Only a top, experinced criminal defense lawyer will know how to aggressively fight these charges, fully protect and defend the rights and, ultimately, minimize consequences. If you or someone you know has been charged with kidnapping, carjacking, or false imprisonemnt, or you seek help with another matter involving criminal defense, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assistance.
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Posted By Richard Sudar on October 28, 2009 07:16 am | Permalink  |