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Chapters:
Intro: 00:00
The 3 main elements: 01:04.
Two types of situations: 02:19
It's not all or nothing?: 03:55
Human trafficking:04:37
Defense options: 05:57
False imprisonment vs kidnapping: 08:00
Real life example: 08:35
Summary: 11:24

Law Office of David P. Shapiro
3500 5th Avenue 304
San Diego, CA 92103
619-295-3555

Transcript:
when you hear the word kidnapping it is without question a term that causes a visceral reaction in you in everyone whether you're a prosecutor whether you're a defense attorney whether you're a judge whether you're a member of the public it is a serious and in many instances a violent strike felony in California and you think about situations where people are whisked away from their family they're taken against their will usually by force or fear and they're put in a car and they're transported like you see on TV doesn't always have to be that way though especially in California in this video we're going to dive into the different types of kidnappings that we see different types of kidnappings you could be charged with and particularly explore aggravated terms of kidnapping if convicted of aggravated kidnapping let's say for instance kidnapping for purpose of sexual assault you could be facing 25 to life in prison for an aggravated kidnapping there are so many nuances to kidnapping charges in California there are so many defenses to kidnapping charges in California in this video we're going to explore a lot of them to help you understand how you could protect your freedom how you could protect your future if you or a loved one charged with kidnapping in California kidnapping California generally falls under Penal Code sections 207 through 209 and across the board there's really three main elements three things that the prosecution must prove Beyond A Reasonable Doubt each and every element in order to get a conviction whenever you're charging someone with basic kidnapping laws in California the first is that you took someone somewhere against their will they needed to be moved is the second Element no matter how slight it could be an inch it could be miles it could be across the world and third and this is really important at the time of of the movement they move based on your force or the fear that you put in that individual if those three elements are met generally speaking you're going to be dealing with the difficult defense to a kidnapping charge but not all hope is lost remember each and every element must be proven Beyond A Reasonable Doubt and this video we're going to go into more in depth about defenses to kidnapping and we're going to talk about some unique real life instances on cases that we've had where at first glance it's like wow that's a really bad kidnapping but when you unpack the evidence when you unpack the law LA and you actually read the jury instructions that are required in a case like kidnapping you'll understand there are much more defenses many more things you could do that may appear at first glance to help you protect your freedom and regain some control over a situation that at first glance may seem like all hope is lost generally speaking there's really two types of degrees or two types of situations we're dealing with when we're talking about kidnapping in California the first is your general kidnapping right so your more traditional kidnapping without any unique circumstances surrounding it where if you are charged if you are convicted you're looking at the potential of a strike felony and up to 8 years in state prison if you are charged with aggravated kidnapping right kidnapping plus certain factors if the alleged victim was under 14 if the purpose of the kidnapping was to facilitate let's say a sex crime or things along those Natures then you're subject to potentially the one strike sex law in California or basically you know the three strikes and you're out sex crimes kidnapping combined lethal combination in California because you're looking at 25 to life if you're convicted so they'll need to prove they being the district attorney will need to prove it was your more traditional kidnapping and that at least one of those other factors were present if they do that that's where you turn a traditional kidnapping where you normally would get only up to eight years into a case where you could be spending the rest of your natural life in prison as such it is essential to make sure you understand the kidnapping laws and at the very least the attorney standing by your side with you and for you with so much at stake better know well how to deal with how to understand and how to defend against kidnapping charges whether we're talking about the most basic kidnapping around or the most aggravating circumstance... truncated...