Kidnapping Lawyer | Bradley R. Corbett

Kidnapping

Extortion by Posing as a Kidnapper California Penal Code 210

California Penal Code 210 restricts a person from posing as a kidnapper in order to retain a ransom, or some other reward. The person has intentionally kidnapped another person without consent and used either force or fear. Force or fear is defined as actually using physical force on the person or threaten to engage in physical harm. There are four ways to meet to violate California Penal Code 210 when the person seeks to obtain a ransom or some other reward. They are 1) The person is the kidnapper 2) The person has seized the victim 3) A person has assisted the kidnapper (Violation of adding and abetting) 4) A person has the power to gain access the victim. There are three defenses to California Penal Code 210.

Child Abduction California Penal Code 278.5

California Penal Code 278.5 restricts a person from abducting a child. This law comes up whenever a person has taken a child and deprived another person from his or her right form the custody of the child. There are three elements to meet to satisfy California Penal Code 278.5. They are 1) The person has taken or kept away 2) A child 3) From a person who has legal custody of the child. There are four defenses to California Penal Code 278.5.

Why You Need an Attorney?

Defending Against Kidnapping Charges – California Penal Code 207(a)

At the Law Office of Bradley Corbett, I have spent 18 years defending clients against serious felony charges, including kidnapping under Penal Code 207(a) (PC 207(a)). Kidnapping is a serious offense in California, often carrying lengthy prison sentences, and in some cases, a life sentence if aggravating factors apply. However, I have seen many cases where the District Attorney overcharges a crime as kidnapping when it doesn’t meet the legal definition. For example, I have defended clients who were accused of kidnapping during a robbery, even though their actions did not amount to an actual kidnapping under the law. The prosecution is often too aggressive in these cases, trying to apply PC 207(a) to situations that don’t fit the legal definition of the crime. If you or a loved one has been charged with kidnapping in San Diego County, I will fight to reduce or dismiss the charges.

Understanding Kidnapping Under Penal Code 207(a)

Under California Penal Code 207(a), kidnapping is defined as: ✔ Taking, holding, or detaining another person ✔ Using force, fear, or fraud ✔ Moving them a substantial distance This means that not every situation where someone is moved qualifies as kidnapping. The prosecution must prove beyond a reasonable doubt that the movement was substantial and not just incidental to another crime (such as robbery or assault).

Common Situations Where Kidnapping Charges Arise

Over the years, I have defended many clients against kidnapping charges in San Diego, Vista, Oceanside, Escondido, and Carlsbad. Here are some of the most common scenarios:

Kidnapping During a Robbery (Overcharging by the DA)

One of the most common ways the DA overcharges kidnapping is in robbery cases. If a suspect moves a victim a short distance inside a store or home, the prosecution may try to upgrade the case to kidnapping. However, if the movement was incidental to the robbery and did not increase the risk of harm, it is not legally kidnapping under California law. 🔹 Example: You commit a robbery at a gas station and tell the clerk to move from the register to the back room. The DA may wrongly charge you with kidnapping, even though the movement was minimal and incidental to the robbery.

Domestic Disputes and False Allegations

Many kidnapping cases stem from heated domestic disputes. If an argument escalates and one person tries to leave while the other physically restrains them or pulls them back, police may wrongly classify the incident as kidnapping. In these cases, context matters, and I have successfully defended clients by showing that no criminal intent existed. 🔹 Example: A couple is arguing in a car. One person reaches for the door, and the other pulls them back to continue the discussion. If an outsider sees this and calls 911, the police may charge it as kidnapping—even though it was a misunderstanding.

Parental Kidnapping (Child Custody Disputes)

I have also defended parents who were wrongfully charged with kidnapping their own children. If a parent takes their child during a custody dispute or refuses to return them after visitation, the prosecution may pursue PC 207(a) kidnapping charges—even if there was no intent to harm the child. 🔹 Example: A father takes his child on a trip without informing the mother. If she calls the police, the DA may charge him with kidnapping, even though he had no intent to abduct the child permanently.

Bar Fights and Street Confrontations

I have handled cases where a fight breaks out at a bar, club, or parking lot, and someone is forcibly moved a short distance. The prosecution may incorrectly label this as kidnapping, when in reality, it was a fight that got out of hand. 🔹 Example: You grab someone during an argument and push them back a few steps. If the police want to be aggressive, they could overcharge the case as kidnapping, even though there was no intent to abduct anyone.

Potential Penalties for a Kidnapping Conviction

Kidnapping is a felony in California, and the penalties depend on the specific circumstances:

Standard Kidnapping – PC 207(a)

3, 5, or 8 years in state prison
Strike offense under California’s Three Strikes Law
Fines up to $10,000

Aggravated Kidnapping – PC 209

If the victim is under 14 years old, injured, or held for ransom, the penalties increase to:
- Life in prison with the possibility of parole
If kidnapping occurs during a carjacking, the penalty is:
- Life in prison without parole

Defenses to Kidnapping Charges

I have successfully defended many kidnapping cases by exposing weaknesses in the prosecution’s argument. Some of the most effective defenses include:

The Movement Was Incidental (Not Substantial Enough for Kidnapping)

If the alleged kidnapping occurred during another crime (like robbery or assault), I can argue that the movement was minimal and did not increase the victim’s danger—which means it should not be charged as kidnapping.

Lack of Force or Fear

For a PC 207(a) conviction, the prosecution must prove that force, fear, or fraud was used. If the movement was consensual or voluntary, it does not meet the legal definition of kidnapping.

False Allegations

Many domestic violence or custody-related kidnappings stem from false accusations. I conduct thorough investigations, cross-examine witnesses, and challenge inconsistent statements to expose lies.

Mistaken Identity

Kidnapping cases often rely on eyewitness testimony, which can be highly unreliable. If there is no video footage or physical evidence, I can challenge the prosecution’s claim that you were involved.

Lack of Criminal Intent

In some cases, people are accused of kidnapping when they had no criminal intent. For example, if a parent takes their child on an extended trip, but has no intent to permanently keep them away, it is not kidnapping.

Why Hire the Law Office of Bradley Corbett?

Bradley R. Corbett_Criminal Defense Attorney_Kidnapping Lawyer

✔ 18 Years of Experience Defending Kidnapping Cases ✔ Strong Relationships with Prosecutors & Judges in San Diego ✔ Expert at Identifying Overcharging & Getting Charges Reduced ✔ Aggressive Defense Strategies to Fight for Case Dismissal ✔ Extensive Experience in Vista, Oceanside, Escondido, and Carlsbad Courts

Call Now for a Free Consultation

If you or a loved one has been charged with kidnapping under PC 207(a) in San Diego County, do not face this serious charge alone. The prosecution will aggressively seek harsh penalties, and early legal intervention can make all the difference.

Contact bradley 24/7 nights & weekends

Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.

Email: Bradley@Bradleycorbettlaw.com

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San Diego Kidnapping Lawyer