Kidnapping occurs when someone is moved from one location to another or even from one place to another place within a location by force or fear. Kidnapping is a strike, which means it is a very serious crime. Depending on why the kidnapping occurred it can lead to a life sentence. For example, if the motivation for the kidnapping is robbery or sexual assault, it can lead to a sentence of life in prison.Contact Us • 714.544.9844 • Free Consultation
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At the Law Office of Rudolph E. Loewenstein, we know the serious consequences of a kidnapping conviction. We explore all possible defenses. Was there consent? Was there no intent to commit robbery or sexual assault? If there was no intent to commit a robbery or sexual assault when the movement occurred, you may be able to defeat the life sentence issue and get a lesser sentence. We present your story. There are alternatives to that life sentence and it is our goal to find them.
When someone is moved from place to place and that movement increases the danger to the victim, that too can lead to a life sentence. Restraining a person without moving him is false imprisonment, which is a different crime. Moving the victim is a key element to a charge of kidnapping.
Kidnapping often times is part of a series of crimes. For example, someone might go into a store to commit a robbery. In the course of this, the defendant moves the clerk from the front of the store to a back room. Or, if a sexual assault occurs in the back room, it is kidnapping with a sexual assault charge. However, even if the assault took place, if it can be shown that the idea for the sexual assault didn’t take place until AFTER the person was moved, then it is not the kind of kidnapping that carries the life sentence. And all this took place from what started out as a robbery.
Kidnapping is obviously a very serious crime that can lead to a long sentence in prison, even if it’s not a life sentence. If you are charged with this, it is the time to act quickly to secure legal representation that is equal to the charge. Mr. Loewenstein’s 30+ years of experience, his designation as a certified criminal law specialist and his experience prosecuting this kind of case are your guarantees that you are getting a lawyer who is more than up to the task.