When you face a domestic violence charge like child abduction in Sacramento, CA, you may end up serving time in prison or losing some of your basic rights. Child abduction is a serious charge which you may face harsh punishment whether you commit the crime knowingly or unknowingly. When facing these charges, you will need a qualified defense attorney on your side. Child abduction cases involve several courts like probate/juvenile court and family court.

A conviction against a child abduction charge will affect your life negatively, especially if you are in the process of filing for a divorce or child custody. You may be facing child abduction due to false accusations; hence, it is critical to proving your innocence. Your first step should be hiring a defense attorney who has experience dealing with domestic violence cases.

At California Criminal Lawyer Group, our team knows the prosecution’s process while filing a child abduction charge and possible defenses to fight the charges. Having our team have your back will ensure you obtain the best possible outcome in your case. This particular article sheds more light on child abduction.

Legal Definition of Child Abduction Per California PC 278

Penal Code 278 defines child abduction as unlawful taking, enticing, withholding, keeping, away, or concealing a child from a legal custodian while the abductor has no legal right to the child.  PC 278 mainly focuses on parental child abduction, where the parent without the legal rights to the child takes it away. You will realize that the law’s main focus is on the parent’s rights granted legal custody, and the other parent is left out.

Though a natural parent automatically has the rights to their child in California, the court can grant the other parent full custody, and this means that if you take that child away, you will have committed a child abduction crime.

Who is A Legal Custodian?

The law defines a legal custodian as a parent, an agency, or a guardian who has the legal right. Sometimes a legal custodian can be a person who is not the child’s parent or guardian but has the legal custody of the child issued by the court. A legal custodian sometimes may include a legal guardian who has joint or sole physical or legal custody of the minor transferred to them by the court.

When it comes to legal rights, it means that you have the legal authority to control the child’s life and at the same time care for them. Legal custody allows the person to decide the child’s welfare, like medical care, education, housing, food, financial issues, and even legal matters.

In most cases, a legal custodian happens to be the child’s biological parent. The courts decide where the child should live, especially during separation or divorce proceedings.

The court can also grant someone who is not the child’s biological parent the right to provide and care for the child, which is guardianship. Guardianship, however, does not necessarily grant the guardian the legal custody of the child or revokes the legal custody of the biological parent.

Elements of Child Abduction Offense

When it comes to child abduction, the prosecution must prove the following elements beyond reasonable doubts before the court:

  • The child is a minor aged below 18 years.
  • You had no legal right to the child at the time the abduction took place.
  • You had unlawful or malicious intention when you took, withheld, enticed, or concealed the minor from their legal custodian.
  • You had every intention to keep away or conceal the child from their legal custodian.

You should note that you will have acted maliciously when you intentionally commit an act that aims at disturbing, annoying, injuring, or even defrauding another person.

Can a Legal Custodian Abduct a Child? 

Yes, under California PC 278.5, you can face child abduction charges even if you are its legal custodian when you deprive another legal custodian of their custody or visitation rights. The prosecution has the duty of proving beyond reasonable doubt that.

  • You took a child aged 18 years and below.
  • You intended to conceal the child.
  • You deprived a child’s legal custodian of their visitation or custody rights by your actions.

You may also face child abduction charges when you have joint custody if you keep the child away from the other custodian for a more extended period than the stipulated time. Sometimes you may keep the child away from the other parent or legal custodian, fearing for their well-being or protecting them during these trying times against negative influence. If you keep the child away from the other parent or legal custodian for whatever reason, you will need to take the following steps required by the law:

  • Report to the District Attorney a “Good Cause” report within ten days to avoid child abduction charges raised against you.
  • Request the court to grant you full custody, and this petition should be made within 30 days. Failure to do so could lead to child abduction charges raised against you.

Common Reasons for Child Abduction

As earlier mentioned, child abduction mainly involves a family member, a parent, or someone close to the child. There are several reasons as to why you as a parent or a relative might end up abducting a child, they include but are not limited to:

  • If you fear the other parent’s values, influence, or behavior, you will expose your child to.
  • Sometimes, you may find you have abducted your child to deny the other legal custodian their right to your child. This takes place when you want to frustrate your partner, especially during custody and divorce proceedings.
  • If you are afraid of losing visitation or custody rights.
  • When you think the other parent isn’t good for the child, your frustrations might lead you to conceal the child from them.

Exceptions to Child Abduction Charges

The law allows for exceptions in child abduction where the abductor acted in good faith, believing that the child was in immediate danger. There must be a reasonable belief that the child would suffer physical or emotional harm if left under the care of its legal custodian. For instance, you may take your niece from your brother when you realize he is exposing her to drugs or keep an environment that is not conducive to the child.

You need to note that the law requires you to contact your local law enforcement officials like the District Attorney and report the issue. Once you have reported, ensure you follow the instructions given to the letter to ensure the exceptions apply to you.

Loss of Custody Rights

There are some instances where a legal custodian can end up losing their legal right to the child. loss of custody rights takes place mostly with parents when they:

  • Have a history of abandoning their family.
  • Refuse the child’s custody.
  • The court revokes their custody right.

The Difference between Child Abduction and Parental Kidnapping

Child abduction is a crime against a legal custodian, in which case the person committing the crime can have legal custody under PC278.5 or not have any legal right as seen under PC 278. On the other hand, parental kidnapping is a crime against the child, and one will be convicted under PC 207 for kidnapping.

Penalties for Child Abduction in California

California treats child abduction as a wobbler offense, which means that the prosecution will either charge you for misdemeanor or felony. A conviction for a misdemeanor offense will lead to one-year imprisonment in county jail or pay a fine that does not exceed $1,000. A felony conviction, on the other hand, will lead to harsher penalties like facing up to four years in either county jail or even state prison or payment of a fine that doesn’t exceed $10,000.

Apart from imprisonment and payment of fines, a felony conviction for child abduction can also lead to the loss of some of your rights. These rights include:

  • Gun rights, where your right to own, possess, and buy a gun are revoked when you receive a felony conviction.
  • It will also affect your immigration status negatively. California treats aggravated felonies seriously, and a conviction could lead to your deportation or have you being inadmissible.

Child Abduction Expungement

California law allows for expungement on a misdemeanor conviction and upon successful completion of the sentence issued by the court. This means that you will need to hire a qualified attorney who will work hard to ensure your case is dismissed, or you end up facing misdemeanor charges.

Legal Defenses to Child Abduction Charges

Child abduction is a serious offense that will require you and your defense attorneys to develop the best defense strategy to ensure you obtain the best possible outcome in your case. Some of the defense strategies with your attorneys can apply include but are not limited to:

You Have Legal Custody

For the prosecution to charge you with child abduction, they must prove that you have no legal right to the minor in question.  You can prove that you are a legal custodian, showing the court that you are not an abductor. Your defense team can also show that your actions with the child were legal, and this will also go a long way in proving you were not guilty of child abduction.

Your Intention Was Not Malicious

Under California Penal Code 278, the prosecution must prove beyond reasonable doubt that you acted maliciously. You will be found guilty of child abduction if your actions were unlawful, and you can prove to the court that your actions were not malicious but that you acted in good faith.

Reasonable Belief that the Child Was in Danger

Sometimes you may have taken a child away from their legal custodian, believing that the child was in danger. Your attorney can use this defense to ensure that your case is dismissed or you receive a lighter penalty for your actions.

Loss of parental Rights

If the other parent has lost their parental rights due to abuse, abandonment, or neglect, then you can use this defense to show the court why you took the child away from them.

False Accusations

You may end up facing child abduction charges due to false accusations, especially when you have custody or divorce proceedings. False accusations mostly are due to anger, jealousy, or the desire by the parent to hurt you.

Not a Legal Custodian

under both PC278 and 278.5, you will be guilty of child abduction charges when you take the minor from its legal custodian. This means that if you took the child from a person who is not the child’s legal custodian, then you cannot face child abduction charges.

Mistaken Identity

Your attorneys can use this defense when facing child abduction charges, and you were mistakenly accused. Sometimes the police rely on security cameras that have unclear images or recordings. Your defense attorneys will have to prove that you are not the person recorded on the security cameras.

Insufficient Evidence

The prosecution has to prove beyond reasonable doubt that you are guilty of the crime they charge you with. Your defense attorneys can show the court that the evidence against you is not sufficient for a child abduction conviction.

Related Offenses

Other crimes are related to child abduction, and they include:

Causing a Child to Become a Delinquent, California PC 272

You will face these charges when you engage in activities that make a minor become a juvenile delinquent, a juvenile court dependent, or a habitual truant.

Elements of Causing a Minor to Become a Delinquent

To face charges under Penal code 272, the prosecution must prove the following elements before the court:

  • You failed to do your duty, or your actions played a significant role in causing the minor to become a delinquent.
  • Through your actions, you caused the minor to become a habitual truant or a juvenile court dependent.

When you act with criminal negligence or intent, you are liable to face charges under PC 272. When it comes to criminal intent, it means that you committed a prohibited act or failed to perform your duty intentionally. On the other hand, criminal negligence means that your actions were reckless and could lead to the minor suffering significant bodily injury or risking them to even death. The prosecutor must show the court that your actions had a high risk of injuring the minor and that a reasonable person should have known so.

Reasons Why a minor Becomes a Judicial Court Dependent

It is very easy for a minor to become a judicial court dependent; some of the reasons include:

  • Being a subject of cruelty from their family members.
  • When a child is left with no support.
  • When they suffer emotional harm from their guardians or parents.
  • When they are neglected.
  • If they are victims of child abuse.
  • If they are sex abuse victims

Penalties For A Penal Code 272 Violation

Penal Code 272 treats the act of causing a minor to become a delinquent as a misdemeanor offense. A conviction for these charges will lead to an imprisonment for up to one year in county jail or payment of fines that do not exceed $2,500. Sometimes, you can serve misdemeanor probation instead of facing jail time, but this will depend on the judge.

Kidnapping California Penal Code 207

Penal Code 207 defines kidnapping as the act of moving a person from one point to another without their consent using fear, threats, and force.

There are two types of kidnapping, namely simple and aggravated kidnapping. In simple kidnapping, the offense occurs when you move the victim a substantial distance without their consent through fear, threats, or force. Aggravated kidnapping, on the other hand, takes place when:

  • You move the victim through a substantial distance without their consent by use of force, fraud, fear,
  • the victim is a minor below the age of 14,
  • you kidnap them during a carjacking,
  • you kidnap and hold the victim for ransom or
  • when the victim faces bodily injury or even death.

Elements of Kidnapping

Kidnapping is a serious offense in California, and for the charge to hold in court, the prosecution will have to prove the following elements:

  • The victim must have moved a substantial distance,
  • you applied force, threat, fear, and
  • the victim did not consent.

Penalties for Kidnapping

Being a severe offense, kidnapping leads to long imprisonment periods and, depending on the circumstances of the case, sometimes even to life imprisonment. A conviction for simple kidnapping will lead to imprisonment ranging from three to eight years in state prison or payment of $10,000 in fines. On the other hand, aggravated kidnapping will lead to harsher sentences; you will face long imprisonment that ranges from five up to eleven years in state prison if your victim was aged below 14 years when the offense took place.

When it comes to imprisonment on aggravated kidnapping, you may have the possibility of parole when you kidnap for the following reasons:

  • For reward,
  • blackmail,
  • robbery,
  • Ransom,
  • carjacking,
  • Some sex crimes like forceful oral copulation, sodomy, spousal rape.

There are other times where an aggravated kidnapping conviction will not have the option of parole. You will be imprisoned without the possibility of parole when you kidnap a person for reward and ransom, but if you expose your victim to significant bodily injury, which could lead to their death, or where the victim dies.

False Imprisonment Penal Code 236

You will face these charges when you unlawfully violate the liberty of another person. Penal Code 236 makes it a crime to restrain, confine or detain another person without their consent.

Elements of False Imprisonment

The following are the elements that the prosecution must prove for the false imprisonment charge to hold in court:

  • The act was against the alleged victim’s will.
  • The victim was harmed.
  • you confined, detained, or restrained the victim.
  • Your actions contributed significantly to harming the victim.

Penalties

False imprisonment is a wobbler offense, and therefore, you will either face a misdemeanor or felony charge depending on the circumstances of the crime. As a misdemeanor, a conviction will lead to a one year jail time in county jail or payment of $1,000 in fines. A felony conviction, on the other hand, will lead to harsher penalties like county jail imprisonment for a period that ranges from sixteen months up to three years.

Best Possible Defenses

The following are some of the best possible defenses that you and your attorneys can use to defend yourself in court. They include and are not limited to:

  • You Have Legal Authority to Detain

You cannot face false imprisonment charges if you have the legal authority to restrain and detain another person. You can use this defense to ensure your charges are dismissed if facing criminal arrest charges in law enforcement.

  • Self-Defense

You can use this defense if you reasonably believed you or another person was in danger. The law, however, allows the use of proportional force while in self-defense. You can use this defense to counter false imprisonment charges.

  • The Alleged Victim Consented

For a false imprisonment charge to hold, the alleged victim must not consent. Therefore, if the alleged victim consented to be detained, restrained, or confined, then you can use this defense to have the court dismiss your charges. You can prove the victim's consent by providing video recordings and eyewitnesses testimonies as your evidence.

  • Shopkeeper’s Privilege

If you are a shopkeeper, then you may use this strategy to defend against false imprisonment charges. This strategy will apply where you had reason to believe the alleged victim was shoplifting. You will, however, have to restrain the customer and investigate for a reasonable time, depending on the circumstances of the case.

Contact a Criminal Defense Attorney Near Me

Child abduction charges in California are serious and could lead to custody loss, among other rights. Therefore, you need to have the best defense team handling your case to receive the best possible outcome. Hiring a criminal defense attorney then becomes crucial for your peace of mind. You will realize that facing charges in Sacramento, CA, is a trying time for you and your family as well, and you need someone to fight for your rights. At California Criminal Lawyer Group, we will guide you, provide a friendly and professional shoulder to lean on during these trying times. Kindly feel free to contact us at 916-775-7660 for any assistance regarding your case.