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Articles Posted in Kidnapping

Attempted Kidnapping Video May Lead To Arrest

The recent release of a video may lead to the arrest of an attempted kidnapping suspect. A 17-year-old girl from Northern California was grabbed while walking to school, and while being forced into a man’s car, screamed and fought him off. The suspect reportedly jumped out at the girl, which would seem to indicate that he had been waiting for her. The girl was able to beak free and the suspect then drove off. While the girl was not harmed and the suspect was not successful in his attempt to abduct her, if caught, he faces serious felony charges.

The definition of kidnapping is to move a victim from one place to another, using force or fear. Penal Code 207,208, 209 and 209.5 states that you violate kidnapping laws when you do the following:

  1. Move another person
  2. A substantial distance
  3. Without that person’s concern
  4. By using force or fear.

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A Long Beach man was arrested and is being charged with Kidnapping, Terrorist Threats, Domestic Assault and Brandishing a Weapon after forcing his girlfriend to drive him from Garden Grove to Santa Ana, while threatening to kill her with a knife. As a criminal defense lawyer, practicing law in Orange County California for 20 years, I have represented many individuals being charged with these types of serious charges. It has been my experience that the initial charges are many types over-charged and therefore my goal is always to have as many of the charges dropped as possible and the remaining charges either reduced to misdemeanors or dismissed altogether.

The crime of kidnapping is defined as the use of force or fear to take a person and move him or her a substantial distance. The penalty if convicted of kidnapping is up to 8 years in State Prison or more if the victim was injured or abused, if the victim was a child or if the kidnapping was done to facilitate another crime.

There are certain elements of the crime of kidnapping. They are: (1) The kidnapper took, held, or detained another person by means of force or by instilling reasonable fear; (2) Using that force or fear, the kidnapper moved the other person or made the other person move a substantial distance; and (3) The other person did not consent to the movement.

Kidnapping is considered a serious Felony and is a “Strike Crime” under California’s “Three Strikes Law“. However, there are defenses to kidnapping and a defendant is not guilty of kidnapping if he/she reasonably and actually believed that the other person consented to the movement. The prosecution has the burden to prove, beyond a reasonable doubt, that the defendant did not believe that the other person consented to the movement.

Consent is also a defense to kidnapping. If the other person consented to go with the defendant, the defendant is not guilty of kidnapping. Consent is defined as: (1) The person freely and voluntarily agreed to go with or be moved by the defendant; (2) The person was aware of the movement, and (3) The person had sufficient maturity and understanding to choose to g0 with the defendant. Again, the prosecution has the burden of proving, beyond a reasonable doubt, that consent was not given.

It is important to note that consent may be withdrawn. If at first the person consented to go with the defendant but later changed their mind, the defendant is guilty of kidnapping if after the other person withdrew consent, the defendant committed the crime outlined above.

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A Santa Ana youth coach who was convicted of molesting three boys over a two year period of time faces possible life in prison. The youth coach was found guilty of nine counts of lewd acts with a minor, four counts of showing pornography to a minor and one count of attempted lewd acts on a child under 14, and possession of child pornography. This coach met the boys while coaching them on different sports teams. He would befriend their parents first and then gain favor with the boys by bringing them gifts. The youth coach admitted to molesting one victim but denied the others in an attempt to avoid a life sentence.

A conviction of multiple molestations carries sentencing enhancements which calls for a life sentence.

Child molestation defense requires a qualified Orange County Criminal Defense Attorney, experienced in sex crimes and familiar with the court in which the case will be heard. These cases often come down to who the judge or jury believes. An experienced Irvine Criminal Defense Attorney defending a person charged with child molestation will know when, and if, it becomes necessary to use psychologists, character witnesses or other tools to achieve the best outcome for his client.

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A four-year old girl was rescued by law enforcementThursday after the police were alerted to a human smuggling operator by the child’s parents. It seems the kind gentleman, er, kidnapper and extorter, was supposed to bring the child to the United States and deliver her to her parents, who had illegally entered the U.S. via another route. But the kidnapper/smuggler decided to extract payment after payment from the parents, until they got so desperate that they walked up to a CHP officer parked at the Laguna Hills mall and told him what was afoot.

Immigrations and Customs Enforcement (ICE0 was alerted and the Orange County Sheriff’s department ultimately arrested the kidnapper after setting up a payment meeting. Ironically, the child and her parents will be kept in the U.S. so that they can testify against the kidnapper.

The saying goes, “if you lie down with dogs, you wake up with fleas”. Human smuggling and kidnapping for ransom are among the most serious crimes, frequently punishable by life in prison.

Whether you live in Santa Ana, Laguna Hills or Santa Ana, if you are charged with kidnapping, call an experienced criminal defense attorney right away to assist you.

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In 1991, the Dugard’s moved from Orange County to Lake Tahoe to escape crime. Jaycee Lee Dugard was kidnapped in front of her step-father’s eyes just weeks after moving to Tahoe. The Dugard’s thought that Jaycee had been killed since they had not heard anything about her in 18 years.

This week, Phillip Garrido went on the Berkeley campus with his two daughters to speak about his religious beliefs when security thought he looked suspicious. After doing a background search they found out he was a paroled rapist. Garrido’s parole officer did not even know he had kids and once the parole officer spoke with Garrido, Gariddo confessed to having kidnapped Jaycee 18 years ago and fathering two children with her.

After searching the Garrido home, it was discovered that Jaycee and her two children, 15 and 11, were living in the backyard. The car used for the abduction was also in the backyard. In the home was Phillip’s wife, Nancy, who was immediately arrested.

It is likely that Phillip will be charged with kidnapping and rape and Nancy will be charged with aiding and abetting. Knowing that her husband kidnapped and raped a young girl and not doing anything about it is a crime. Whether you live in Santa Ana, Newport Beach or Yorba Linda, if you get charged with kidnapping or rape, you will need an experienced defense attorney to assist you right away.

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Alfredo Granados Canchola of Artesia was arrested on Monday for the alleged kidnapping of a 10-year-old girl in Anaheim. Last weekend, Canchola drove by the 10-year-old girl, who was taking out the trash, and asked if she knew where some woman lived. When she said no, the man offered her money to get into his car. She said no and drove off on her scooter. As soon as she got home, she told her dad who got the partial license plate of Canchola’s Lexus. After a few days of investigation, officers found the suspect and think he may be linked to other attempted kidnappings.

Luckily, the girl was smart enough to run away and tell her parents what happened before Canchola could actually kidnap her. Canchola will need an experienced defense attorney to help him fight these kidnapping charges. A defense attorney may be able to lessen the charges or the sentence that Canchola will face.

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After beating him up and shooting him with a gun and a Taser, the victim was forced into a van, tied up, blindfolded and taken to different hideouts for 5 days. The three suspects, including Costa Mesa man Vagan Adzhemyan, allegedly kidnapped the victim to collect a $1 million ransom. The suspects made the victim call all of his family in the U.S. and Russia and try to collect money. A family member told police about the calls made with a 323 area code and police then narrowed their search to the Los Angeles area. Police followed Adzhemyan’s car to the house where the victim was found. He was in serious medical condition because of the gunshot to his bowels that was left untreated for 5 days. Police then noticed that the victim’s ATM card was being used by the suspects, so they tracked them down and charged them with kidnapping and conspiracy to commit kidnapping.

Kidnapping is a serious felony and can come with the sentence of life in prison (if the victim was being held for ransom). Some defenses for kidnapping charges include consent, lack of intent, lack of evidence and mistaken identity. Whether you are in Irvine, Santa Ana or Lake Forest, if you are charged with kidnapping, you need an experienced defense attorney on your side.

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