Being accused of kidnapping is one of the most serious criminal charges you can face in California. Even if no one was physically harmed, simply moving another person without their consent can result in years behind bars—and a felony conviction that permanently impacts your freedom, reputation, and future.
If you’ve been arrested or charged with kidnapping, you need a seasoned kidnapping defense attorney in Fullerton who knows how to fight aggressively and strategically. At Not Guilty Law, lead attorney Jeffrey Kent brings decades of criminal defense experience to high-stakes cases involving false imprisonment, kidnapping, and aggravated felony charges.
What Qualifies as Kidnapping in California?
Under California Penal Code § 207, kidnapping is defined as:
“The unlawful taking of another person by force or fear and moving them a substantial distance.”
Unlike in movies, kidnapping doesn’t always involve violence or ransom demands. You can be charged with kidnapping for:
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Moving someone during a robbery or domestic argument
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Taking a child during a custody dispute
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Forcibly relocating someone against their will, even briefly
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Coercing someone to move under threat of harm
Even if the alleged victim is a family member, spouse, or acquaintance, the law still applies. Learn more about our legal strategies for similar charges on our Practice Area page.
Degrees of Kidnapping and Associated Penalties
Kidnapping can be charged in various forms, including simple kidnapping, aggravated kidnapping, or kidnapping for ransom or sexual assault. The stakes are extremely high.
1. Simple Kidnapping (Penal Code § 207)
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Felony offense
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Up to 8 years in state prison
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Strike under California’s Three Strikes Law
2. Aggravated Kidnapping (Penal Code § 209)
Involves:
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Use of force, threats, or weapons
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Kidnapping during a robbery, rape, or extortion
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Victim is under age 14
Penalties:
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Life in prison with the possibility of parole
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Considered one of the most severe felonies in California
3. Parental Kidnapping (Penal Code § 278, 278.5)
Occurs when a parent without legal custody takes or keeps a child from the lawful custodian.
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Up to 3 years in prison
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May result in loss of custody rights
Legal Defenses to Kidnapping Charges
Not every allegation of kidnapping is legally valid. At Not Guilty Law, we tailor your defense based on the facts. Common strategies include:
1. Consent
If the alleged victim willingly went with you, there’s no kidnapping. The prosecution must prove they were moved against their will.
2. False Allegations
We often see kidnapping charges arise from family disputes, custody battles, or retaliatory claims. Inconsistent statements, lack of physical evidence, or motive for false claims can be powerful in court.
3. No Substantial Movement
The law requires that the person was moved a “substantial distance.” If the movement was brief, minimal, or within the same location, you may not be guilty.
4. Mistaken Identity
In emotionally charged situations, witnesses often misidentify suspects. If you were wrongly accused, we will prove it using video, GPS, or witness testimony.
5. Insufficient Evidence
No conviction can be secured without proof beyond a reasonable doubt. If the prosecution’s case is weak, we push for dismissal or reduced charges.
Explore more successful outcomes on our Notable Cases page.
What to Do If You’re Accused of Kidnapping
If law enforcement contacts you, do not answer questions without an attorney present. Politely invoke your right to remain silent and request a lawyer immediately.
Here’s what to do next:
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Do not speak to the alleged victim or their family.
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Avoid discussing the situation on social media.
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Gather evidence—texts, call logs, GPS records, photos, or witnesses.
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Contact a criminal defense lawyer right away.
Use our Contact page to schedule a confidential, no-obligation consultation today.
Why Clients in Fullerton Trust Not Guilty Law
When your freedom is on the line, experience matters. At Not Guilty Law, you’ll get:
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Over 30 years of criminal defense experience
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Personal guidance from Jeffrey Kent, not a junior associate
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Deep knowledge of California kidnapping and felony laws
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Strategic trial preparation and negotiation skills
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Client-first focus from start to finish
Don’t just take our word for it—read what others have said about their experience with our firm on our Client Reviews page.
“Mr. Kent believed in me when no one else did. The DA wanted years in prison, but Jeff got the charges dropped. He saved my life.” — Client, Fullerton
Related Charges Often Filed with Kidnapping
Kidnapping is often charged alongside other serious offenses. Our firm is highly experienced in defending against all of the following:
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Domestic violence
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Criminal threats
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Child abduction
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False imprisonment
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Aggravated assault
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Sex crimes or robbery
Each additional charge can dramatically increase your potential sentence. That’s why it’s critical to work with a Fullerton criminal defense lawyer who understands how to dismantle the prosecution’s entire case.
FAQs About Kidnapping Charges in California
Is kidnapping always a felony?
Yes. All kidnapping charges in California are felonies and carry prison time—even if no harm occurred.
Can I be charged with kidnapping my own child?
Yes. If you do not have legal custody and take your child without permission, you can face criminal charges under California’s parental kidnapping laws.
Will I have to register as a sex offender?
Only if the kidnapping involved sexual assault. However, aggravated kidnapping often brings additional charges that may carry sex offender registration requirements.
Can I go to jail even if the victim wasn’t hurt?
Yes. Physical harm is not a requirement for conviction—only the unlawful movement of a person against their will.
Take Action Now — Speak with a Fullerton Kidnapping Defense Lawyer
A kidnapping charge can derail your life. You need to act fast and get experienced legal defense on your side. At Not Guilty Law, we fight to get charges dismissed, reduced, or resolved without prison time whenever possible.
Reach out now for a private consultation. Visit our Contact page or call today to speak directly with Jeffrey Kent. We’ll listen, evaluate your case, and start building your defense immediately.
Charged with kidnapping in Fullerton?
Trust the defense attorney who knows how to win complex felony cases—Not Guilty Law is ready to help.