Kidnapping/False Imprisonment

Santa Clara County Kidnapping Defense Attorneys

At the law offices of Hinkle, Jachimowicz, Pointer & Emanuel, in San Jose, California, we vigorously defend Californians who have been accused of kidnapping or false imprisonment. We believe that all people, no matter what charges they are facing, deserve the best possible defense to protect their constitutional rights and their freedom.

Contact us online or call 408-217-0356 to schedule a free consultation with an experienced lawyer.

What Is Kidnapping?

In California, kidnapping — as defined under section 207 of the Penal Code — is when a person forcibly or by instilling fear takes another person a substantial distance. Under this definition, simply dragging someone into a different room can be considered kidnapping. A conviction for kidnapping can result in three or more years in prison. However, if the victim was harmed during the abduction or was a minor, the length of the conviction can increase dramatically.

At the law offices of Hinkle, Jachimowicz, Pointer & Emanuel, we provide aggressive, experienced counsel designed to combat kidnapping charges. Our team of attorneys consists of two former police officers and a Certified Criminal Law Specialist (State Bar of Legal Specialization). We know how to effectively challenge the prosecution's case, uncover exculpatory evidence and expose any improper police procedures.

We ask strategic questions designed to create reasonable doubt:

• Was the action severe enough to be charged as kidnapping?
• Was the accusation made out of spite?
• Is the accuser telling the truth?
• Did the stories change from the initial report?
• Can the variations in stories from the accuser and the accused be reconciled?

False Imprisonment

In certain circumstances, a kidnapping charge may be negotiated down to a false imprisonment charge requiring much less serious consequences. At our firm, we have more than 100 years of combined experience representing clients throughout Santa Clara County, and the South Bay area. We will use our vast knowledge of California law to protect your constitutional rights and minimize the potential consequences.

Examples of false imprisonment include:

• Preventing someone from leaving the room
• Breaking a phone or disconnecting a phone line
• Locking someone in a house, room, car, shed or other confined space
• Denying someone the ability to leave by threatening violence or using other psychological means

Contact our San Jose, California, Law Firm

Don't let an accusation of kidnapping or false imprisonment destroy your future. Contact the aggressive criminal defense attorneys at the law offices of Hinkle, Jachimowicz, Pointer & Emanuel today.