Kidnapping – California Penal Code 207(a) PC

REQUEST A Free CONSULTATION

Strong Legal Representation for Kidnapping Charges in California

 Kidnapping is one of the most serious violent felonies in California and a conviction carries state prison time measured in years or decades depending on the specific circumstances. A charge under Penal Code 207 pc can be filed as simple kidnapping or aggravated kidnapping and the difference between the two can mean the difference between a determinate prison sentence and a life term. If you have been charged with kidnapping in Los Angeles you need an experienced Los Angeles kidnapping lawyer who understands how these cases are built and what it takes to mount an effective defense. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against kidnapping and serious violent charges throughout Los Angeles County. Attorney Hashemi will personally review the facts of your case, analyze the evidence, and explain every defense option available to you. Contact our office today at (310) 448-1529 for a free confidential consultation.

Kidnapping Under California Law

Penal Code 207(a) makes it a felony to forcibly or by instilling fear move another person a substantial distance without their consent. The statute requires movement — simply detaining a person against their will without moving them does not satisfy the kidnapping statute and may only support a false imprisonment charge under PC 236. The movement must be substantial meaning it must not be incidental to another offense and must involve more than a trivial or slight distance.

California kidnapping law covers both physical force and instilling fear as means of compelling the movement. A defendant who physically carries a victim, forces them into a vehicle, or uses threats of harm to compel movement all satisfy the force or fear element. The victim’s lack of consent is required and when the alleged victim consented to the movement even if that consent was later withdrawn the charge must reflect the circumstances of how and when the movement occurred.

Elements of a PC 207 Charge

To secure a conviction the prosecution must establish beyond a reasonable doubt:

  • The defendant took, held, or detained another person
  • The defendant moved the person a substantial distance
  • The movement was accomplished by force or by instilling reasonable fear
  • The person did not consent to the movement
  • The defendant did not have a lawful reason for the movement

The substantial distance requirement is one of the most frequently contested elements in kidnapping cases. California courts evaluate both the actual distance moved and whether the movement increased the risk of harm to the victim, decreased the likelihood of detection, or facilitated the commission of another offense. Movement of even a short physical distance can satisfy the substantial distance requirement when it significantly increased the danger to the victim.

Simple vs Aggravated Kidnapping in California

Simple kidnapping under Penal Code 207 pc carries 3, 5, or 8 years in state prison. Aggravated kidnapping under PC 209 carries significantly higher sentences and applies when the kidnapping was committed for ransom, reward, or extortion, when the victim suffered bodily harm or death, when the victim was under 14 years of age, or when the kidnapping was committed in conjunction with a carjacking.

Aggravated kidnapping for ransom carries life with the possibility of parole. When the victim suffers bodily harm or death during an aggravated kidnapping the sentence increases to life without the possibility of parole in some circumstances. The distinction between simple and aggravated kidnapping is the most important sentencing determination in any kidnapping prosecution and our criminal defense attorney challenges every element of any aggravated kidnapping theory from the outset.

Penalties for a Kidnapping Conviction in California

Simple kidnapping under Penal Code 207 pc carries 3, 5, or 8 years in state prison. Kidnapping is a serious felony and a strike under the Three Strikes law. A prior strike conviction doubles the base sentence. Gang enhancements under PC 186.22 add additional consecutive years when the kidnapping is alleged to have benefited a criminal street gang. All convictions result in a permanent felony record, loss of firearm rights, and for non-citizens mandatory deportation proceedings.

Legal Defenses Against PC 207 Charges

The Victim Consented to the Movement

Consent is a complete defense to kidnapping. When the alleged victim voluntarily agreed to accompany the defendant and the movement was not accomplished through force or fear the charge cannot be sustained. Our criminal defense attorney examines every communication between the parties, any evidence of prior relationship context, and the specific circumstances of how the movement occurred to establish that consent was freely given and maintained throughout.

The Movement Was Not Substantial

When the movement involved was trivial, incidental to another offense, or did not increase the risk of harm to the alleged victim the substantial distance requirement may not be satisfied. Our criminal defense attorney presents independent evidence of the actual distance moved and challenges the prosecution’s characterization of the movement as substantial when the circumstances do not support that finding.

Mistaken Identity

Kidnapping prosecutions are frequently built on eyewitness identification made under stressful conditions with limited observation time. When the identification of the defendant as the perpetrator is based on unreliable accounts our criminal defense attorney challenges the identification through surveillance footage, alibi evidence, and any physical evidence inconsistent with the prosecution’s theory.

No Force or Fear Was Used

When the movement occurred without any application of force and without any conduct that would reasonably instill fear in the alleged victim the force or fear element cannot be established. Our criminal defense attorney presents evidence of the full circumstances of the interaction and challenges the prosecution’s characterization of ordinary conduct as the use of force or instillation of fear.

Contact a Los Angeles Kidnapping Lawyer Today

Attorney Arash Hashemi has defended clients against kidnapping and serious violent charges throughout Los Angeles County for over 20 years. When you contact our office he will review the facts of your case, analyze the movement evidence and the force or fear allegations, evaluate every available defense, and give you an honest assessment of your options. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

Schedule a free Consultation:

We are conveniently located in the Westside Towers serving clients facing kidnapping and serious violent charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.