If you or a loved one find yourselves in a difficult situation, we understand the urgency and stress that comes with it. At Angels Bail Bonds, we specialize in providing the support and assistance needed to secure bail for a felony kidnapping charge.
It’s crucial to understand the different classifications of kidnapping offenses under federal law. First degree kidnapping is considered a serious felony offense and is often more challenging to secure bail for compared to second degree kidnapping or class E felony charges. Hostage taking is another form of kidnapping that can complicate the bail process. Knowing the specifics of your charge can significantly impact your bail options and legal strategy.
Learn the basics about the bail process for a felony kidnapping charge, and then contact Angels Bail Bonds today. Let us be your trusted partner in navigating the bail process for a felony kidnapping charge.
We are here to help you regain your freedom and prepare for your legal journey.
What is bail?
Bail in California refers to the amount of money or property that a defendant or their surety (a person responsible for the defendant’s appearance in court) must deposit with the court to secure the defendant’s release from custody while awaiting trial.
The purpose of bail is to ensure that the defendant appears in court for all scheduled hearings and does not flee before the trial. The amount of the bail can be determined through something called a bail schedule. This is a list that contains the bail amount recommended for each charge, and each county has a different one. (Here are some quick links if you want to know the bail schedule or felony bail amounts for Los Angeles and Orange County.)
With all that being said though, in the end, a judge can deviate from the schedule based on various aggravating factors, including the severity of the offense, the defendant’s criminal history, and if the defendant is a flight risk. If the defendant fails to appear in court, the bail is forfeited, and a warrant may be issued for that person’s arrest.
What are bail bonds?
When you find yourself in a situation where you can’t afford to pay for your bail, bail bonds might be the solution for you. A bail bondsman, who a bail bond company employs, will charge you a fee in exchange for providing the payment. Bail bond companies in California charge only 10% of the total bail amount to post-bond for a defendant. So, if the bail amount is $20,000, the bondsman will charge $2,000 instead of the full amount. While this may still seem like a lot of money, it’s much more affordable than paying the entire bail amount, especially on extremely high bail amounts for some serious felonies.
Those rates can be as high as 20% for some immigration and federal charges because these rates are set by law, and all bail companies must charge the same amount. Despite the costs, using a bail bondsman can be a lifesaver for any person who cannot afford to be released from custody on bail.
What happens at a bail hearing?
The bail amount is normally set at the person’s initial court appearance, often known as the arraignment stage or pre-trial detention. A judge can either release from county jail a person on their own recognizance (OR) with a promise to appear in court at a later date or deny their OR and impose bail.
If the charges are infraction offenses or even some misdemeanor offenses—such as a DUI with no accident injuries or significant property damage— the person will usually be released without bail after being arrested. More serious felony charges will not have OR as an option and will only be released from custody on bail.
You must pay the bail amount or post a bail bond on the bail schedule. An arresting officer might ask for a higher bail amount than what the bail schedule suggests.
What Factors Influence a Defendant’s Bail Amount?
The bail bond process starts when a defendant is in front of a judge to determine bail. Then several factors are put into play, including the severity of the crime, criminal history, whether the defendant is a flight risk, community ties, financial resources, their potential danger to public safety, and even mental health are considered when determining bail amount. For example, accusations of sexual battery, kidnapping, or child abduction are very serious charges, especially if a deadly weapon is involved. Therefore, the bail release requirement will likely be more onerous, meaning any person with those charges will likely need the help of a bail bondsman.
The bail schedule further gives guidance for all criminal charges, with the judge having some leeway in the specific amounts, as mentioned. And even if they’re allowed out on bail from the county jail, the defendant might have to be placed under house arrest, be prohibited from owning any deadly weapons or placed under electronic monitoring.
Have You Been Charged with Criminal Felony kidnapping, PC207?
If you’ve been charged with a criminal offense like Felony kidnapping, you or a loved one must contact the experts at Angels Bail Bonds immediately and avoid as much jail time as possible. Our team of bail bondsmen and criminal defense attorneys provide assistance to any person during pre-trial detention at no extra cost, including nationwide.
What is Felony Kidnapping?
California Penal Code 207 defines kidnapping as the act of forcibly, or by any other means of instilling fear, taking, enticing, or removing another person against their will and without lawful authority. This means that unless they’re not the victim’s lawful custodian, a police officer, or another person who might have authority over the victim, it is illegal to move them and keep them under force.
The intent behind kidnapping can be for purposes such as ransom, robbery, sexual assault, inflicting bodily injury, or any other criminal activity. Kidnapping is considered a serious offense and is punishable by law as a felony in any case, with the maximum penalty being a life sentence, depending on the circumstances of the case.
The full text of PC 207 is the following:
(a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.
(b) Every person who for the purpose of committing any act defined in Section 288, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping.
(c) Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person, is guilty of kidnapping.
What it means to “move” a victim of kidnapping:
California Penal Code 207 defines kidnapping as the act of forcibly, or by any other means of instilling fear, taking, enticing, or removing another person against their will and without lawful authority. This means that unless they’re not the victim’s lawful custodian, a police officer or law enforcement, or another person who might have authority over the kidnapping victim, it is illegal to move them and keep them under force.
The intent behind kidnapping can be for purposes such as ransom, robbery, sexual assault, inflicting bodily injury, or any other criminal activity. Kidnapping is considered a serious offense and is punishable by law as a felony in any case, with the maximum penalty being a life sentence, depending on the circumstances of the case.
The full text of PC 207 is the following:
(a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.
(b) Every person who for the purpose of committing any act defined in Section 288, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping.
(c) Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person, is guilty of kidnapping.
What it means to “move” a victim of kidnapping:
Under PC 207, in order for a kidnapping to occur, it is necessary to transport or relocate the alleged victim at a distance that is more than trivial. The determination of whether the movement is considered substantial depends on various factors. These factors include the actual distance covered, how the movement increased the risk of harm to the victim (such as taking them from a crowded club to a dark alley), and whether the movement decreased the chances of being apprehended. It is important to note that there is no specific distance specified as substantial or not, as this is a subjective matter to be decided by the judge or jury. Therefore, this aspect of the law allows ample room for challenge by your California criminal defense lawyer.
Types of Felony Kidnapping Charges in California
California distinguishes between two types of kidnapping: Simple and Aggravated. Worth noting that all forms of kidnapping are felonies and serious offenses that can be punished with up to life imprisonment.
Simple kidnapping
Simple kidnapping can be better described as “only” moving a person a substantial distance without their consent by using fear force against their will. it is similar to false imprisonment but with the added factor of moving the victim as well. The victim must not be a child nor have suffered a bodily or physical injury for the crime to be classified as simple kidnapping. Kidnapping will always lead to a felony conviction and not a misdemeanor conviction.
Aggravated kidnapping
The main aggravating factors that can be considered sentence enhancements for qualifying a kidnapping charge as aggravated kidnapping are if a child under 14 years of age is the victim, if a sexual offense is involved, or if the victim suffered serious bodily harm, along with other offenses detailed in both Penal Code 207 and Penal Code 209:
- Aggravated kidnapping requires the defendant to have the specific intent to commit certain additional crimes or to obtain a ransom, reward, or extortion.
- If the victim is a child under age 14 and the offender isn’t the lawful custodian, it automatically qualifies as aggravated kidnapping and can also veer into child abduction charges.
- If the kidnapping lasts for a substantial period, regardless of the victim’s age. The duration required for this distinction may vary depending on the circumstances of the case.
- If the victim suffers significant bodily harm during the kidnapping, such as serious bodily injury or permanent disfigurement, or if the victim dies as a result of the kidnapping, it will be considered a violent felony that will transition to manslaughter charges, not just aggravated kidnapping.
- If you kidnap a person during a carjacking.
- If the kidnapping involves sexual assault or the intent to commit sexual assault. Sexual assault will also lead to rape charges.
- If the defendant uses or threatens to use a deadly weapon during the kidnapping.
- If the victim is forcibly moved a substantial distance or confined in a way that increases the risk of harm or makes escape more difficult.
It is important to note that these factors are not exhaustive, and there may be additional circumstances that can elevate a kidnapping charge to aggravated kidnapping in California. The specific details of each case will determine the charges and potential penalties.
Is False Imprisonment the Same as Kidnapping?
California law differentiates between kidnapping and false imprisonment. Kidnapping involves the unlawful taking, enticing, or holding of a person against their will by force, fear, or fraud, with the criminal intent to either commit robbery, rape, or other specified crimes. False imprisonment, on the other hand, refers to the intentional confinement or restraint of someone’s movement without their consent, without necessarily involving force or the intent to commit any other crime.
While both a false imprisonment and kidnapping offense involve unlawfully restricting a person’s freedom, kidnapping typically includes additional elements, such as the intent to commit another crime on the part of someone who isn’t the victim’s lawful custodian, while false imprisonment focuses solely on the act of confinement.
False imprisonment can be a misdemeanor, depending on the circumstances of the case, but kidnapping will always be a felony.
Penalties for Felony Kidnapping Cases
As stated above, kidnapping in any form will be treated as a felony charge and will not lead to a misdemeanor conviction. Suffice it to say, a kidnapping conviction would carry substantial penalties and a lengthy prison sentence.
Simple kidnapping will always be a felony, which involves up to 8 years in state prison.
Aggravated kidnapping can expand those penalties from five years to life in prison. And under California’s three-strike law, you must serve 85% of your sentence before you are even eligible for parole.
- If the victim was a child under age 14, the prison sentence can be five, eight, or even 11 years in state prison.
- A life sentence with the possibility of parole if the victim was kidnapped with the intent to ransom, commit blackmail, a robbery, rape, sexual abuse, or as a result of a carjacking. Or if the kidnapping results in the victim suffering a bodily injury, harm, or death.
The full text of PC 208, which elaborates on the penalties for kidnapping, is as follows:
(a) Kidnapping is punishable by imprisonment in the state prison for three, five, or eight years.
(b) If the person kidnapped is under 14 years of age at the time of the commission of the crime, the kidnapping is punishable by imprisonment in the state prison for 5, 8, or 11 years. This subdivision is not applicable to the taking, detaining, or concealing of a minor child by a biological parent, a natural father, as specified in Section 7611 of the Family Code, an adoptive parent, or a person who has been granted access to the minor child by a court order.
(c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.
Average Bail for Felony Kidnapping
Felony kidnapping in the California Penal Code is 207 and is one of the most serious crimes in the bail schedule, with initial bail set at $500,000 to no bail. In many counties, like Los Angeles County, the bail is as high as $1,000,000, depending on the aggravating factors.
You Need An Experienced Bail Bond Agent That Specializes in Kidnapping Defense
The bail bond process for a felony kidnapping charge is harsh without expert help at your side, as the standard bail for a kidnapping felony is $50,000 to none available at all. Nonetheless, a bail bond company and a criminal defense attorney can aid you during this difficult time and help you and your loved one obtain that bail money.
Defense against kidnapping charges
A criminal defense attorney defending against felony kidnapping charges may employ several strategies to build a strong defense. Firstly, they may argue that there’s no proof of intent or willingness to commit the crime of kidnapping, at least not beyond a reasonable doubt.
Kidnapping charges require to prove beyond a reasonable doubt that the defendant intentionally and unlawfully moved another person without their consent. The defense attorney may present evidence or arguments to demonstrate that their client did not have the necessary intent to commit kidnapping, such as lack of knowledge or mistaken identity. The defense can also argue that it was not child abduction or kidnapping in cases where the victim was a child because they were the child’s lawful custodian. This is especially common in cases involving child custody issues.
Secondly, the defense attorney may challenge the prosecution’s evidence by presenting alternative explanations or casting reasonable doubt on the credibility of the witnesses. They may scrutinize the reliability of the victim’s statement, examine any inconsistencies or contradictions, and highlight any ulterior motives or biases that the witnesses may have. The defense attorney may investigate and present any evidence that supports their client’s version of events, such as surveillance footage, alibi witnesses, or forensic evidence that contradicts the prosecution’s narrative.
Kidnapping charges require the victim to be moved, and the defense might also challenge this definition in court, arguing that there’s reasonable doubt in regard to the amount of movement the kidnapping victim was subjected to.
Ultimately, the defense attorney’s goal would be to create reasonable doubt in the minds of the jurors regarding their client’s guilt, leading to a not-guilty verdict or a favorable plea deal.
Free Consultation & Case Review
Do you know someone who has been arrested for felony kidnapping? Look no further because we are here to help. At Angel Bail Bonds, we work with an experienced bail bondsman and criminal defense lawyer to be your best option, even in cases where you need bail for the charge of felony kidnapping. We offer flexible payment plans and affordable rates to make the bail process more manageable for you and your loved ones. If you have any questions about how bail laws and the bail bond process work in California or if you need assistance helping a loved one, don’t hesitate to call us today.
