Some of the most severe criminal offenses in the state of California fall under California Penal Code Section 208(b). If you have been accused of kidnapping a minor child under the age of 14, you need to secure a strong criminal defense attorney to protect you.
You could be facing harsh penalties if you are found guilty of an offense under California Penal Code Section 208(b). If you hope to avoid the fallout of a conviction and get back to your life, make sure you prepare a compelling defense strategy.
What Is California Penal Code Section 208(b)?
Charges under California Penal Code §208(b) could turn your life upside down. Kidnapping a child under the age of 14 is a form of aggravated kidnapping which is a far more serious offense under California law.
For a defendant to face allegations of kidnapping, they must have used fear or force to move an alleged victim a considerable distance. The following elements of the crime must be met for the prosecutor to move forward with charges under California Penal Code Section 208(b):
- The defendant moved a minor child under the age of 14.
- The defendant moved a minor child under the age of 14 a considerable distance.
- The defendant moved a minor child under the age of 14 a considerable distance without the minor’s consent.
- The defendant moved a minor child under the age of 14 a considerable distance without the minor’s consent through the use of fear or force.
Under the law, the use of fear or force means that the defendant must have threatened to inflict physical bodily harm on the alleged victim or inflicted physical bodily injury or force on the alleged victim.
California Penal Code §208(b) Related-Offenses
If you are facing charges of kidnapping a minor child under the age of 14 under California Penal Code §208(b), there are additional criminal offenses you could also be facing. Some of the more common related offenses include:
False Imprisonment Under California Penal Code §236
False imprisonment includes willfully and intentionally detaining, restraining, or refining someone else, and forcing them to go somewhere or stay somewhere without their consent. This is a Wobbler offense, so you could be charged at the misdemeanor or a felony level, depending on the circumstances of your case.
If convicted at the misdemeanor level, you could spend up to one year in county jail and be ordered to pay fines as high as $1,000. However, if convicted at the felony level, you could spend up to three years in a California state prison.
Kidnapping Under California Penal Code §207
When you have been charged with kidnapping, the state is arguing that you moved in an alleged victim a considerable distance through the use of fear or force. Kidnapping is generally considered a felony offense, punishable by a maximum of eight years in a California state prison.
Kidnapping During the Commission of a Carjacking Under California Penal Code §209.5
When you have been charged with kidnapping during the commission of a carjacking, you have been accused of moving the alleged victim intentionally. This means you were not accused of carjacking and subsequently discovered a victim within the vehicle. This is a felony offense, punishable by life in prison with the possibility of parole if you are convicted.
Possible Consequences of a Conviction Under California Penal Code §208(b)
If you are found guilty of kidnapping a minor child under the age of 14 under California Penal Code Section 208(b), the penalties could be harsh. This is nearly always considered a felony offense. If convicted, you could spend up to 11 years in a California state prison and be ordered to pay fines as high as $10,000.
There are also collateral consequences you could be facing. You could face deportation or immigration issues, loss of child custody or visitation rights, lose your right to bear arms, and face a variety of other penalties due to a conviction. You can avoid the fallout by presenting a powerful defense at trial.
Common Defenses to California Penal Code §208(b)
Your future is in jeopardy if you have been accused of kidnapping a minor child under the age of 14. Fortunately, there are several defenses that could be used to challenge the allegations against you. Some of the more common defenses used under California Penal Code Section 208(b) include:
The Defendant Was Falsely Arrested
False arrests are far more common than you might think. When offenders are misidentified or witnesses give inaccurate or invalid accounts, innocent people can be falsely accused of criminal charges, including kidnapping a minor under the age of 14. Your attorney will be tasked with introducing reasonable doubt in the minds of the jury through forensic evidence, DNA, an alibi, or other evidence that shows you should not be convicted of the charges in question.
The Defendant’s Constitutional Rights Were Violated
Law enforcement officers must have probable cause when detaining or arresting potential suspects. If there was no reasonable belief that you committed a kidnapping and you were stopped without probable cause, any evidence obtained through this illegal stop could be considered inadmissible at trial against you.
The Defendant Was Not Guilty of Kidnapping
To prove innocence under California Penal Code Section 208(b), your lawyer will need to introduce evidence that challenges the elements of the offense. This means your lawyer will need to present evidence that shows you did not move the alleged victim a considerable distance with the use of fear or force.
Contact a California Criminal Defense Attorney for a Confidential Case Review
The criminal justice system is notoriously complex. When you are facing allegations under California Penal Code Section 208(b), a conviction could have a devastating impact on your life. Do not put your future at risk.
Reach out to an experienced California criminal defense lawyer to find out which defense strategies may be most suited for your case. Schedule your confidential case review by filling out our online contact form or calling us today.