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Common Defenses for Kidnapping in the Downey CA Courtroom


Common Defenses for Kidnapping in the Downey CA Courtroom

October 27, 2020
Common Defenses for Kidnapping in the Downey CA Courtroom

Nobody wants to be deemed a kidnapper, but if you do the crime, you do the time. However, let’s say you didn’t do the crime. Then, clearly, you shouldn’t have to do the time. Common logic, right?

Well, in the courtroom, things aren’t that simple. The judge isn’t going to automatically believe you when you say you’re innocent and that you didn’t commit the crime after all. Instead, they’ll walk you through several questions and ask for evidence to be presented to prove your point as they try to piece together the truth on their own. That’s how the criminal justice system works, as it should, because after all, even criminals lie in the courtroom from time to time.

If you’ve been wrongfully accused of kidnapping, below are a few common defenses that can be legally used in California court to defend you.

The Accused is Related to the Victim

Normally, kidnapping is performed on a random, unrelated person or on a person that one does not have current custody or visitation rights of. It’s essentially the equivalent of someone taking something from a store that they do not have ownership of that would otherwise be granted via purchase.

In the case of kidnapping, however, if the defendant is proven to be the relative of the kidnapped victim, they may be able to get off the hook. That isn’t always the case, though. For instance, if a child’s blood father kidnaps them, they may still be able to be charged with kidnapping, that is, if the blood father takes their child when the other parent is the only one who’s supposed to legally have them at the time, it can be considered kidnapping, and that other parent can certainly press charges.

They Were Forced to Kidnap the Victim

Coercion, the persuasion of another person to commit a crime, often with physical violence or threats, is another possible legal defense for kidnapping. If one was forced to commit a crime such as kidnapping, text messages, voicemails, or voice recordings can be used to potentially help prove that coercion was the reason the kidnapping was executed.

The Victim Consented to Being Moved by the Defendant

Kidnapping involves many important segments as part of its legal definition. However, part of that definition says that kidnapping involves moving a victim against their will or, in other words, without their consent. However, if there was clear consent involved, it’s possible that the defendant will not have to face criminal charges, but this depends on many other factors.

Kidnapping is a serious crime – one that nobody wants to be mistaken of committing. If you’re in need of criminal defense for a kidnapping case, reach out to Attorney Lisa Mattern for details on how she can help you. Her number is 310-342-8254.

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