Legal Question in Criminal Law in California

Re: one strike

That depends on what the kidnapping was for. If the kidnapping was just a straight kidnapping, then prison is not required, but the court has to find and state special circumstances to give a sentence less than 12 months in the county jail. There are certain offenses, such as kidnapping for rape or carjacking that require a prison commitment. Look at Penal Code section 207 and the sections that follow and you will see the criteria for a mandatory prison sentence.

Good luck,

Elena Condes

Re: one strike

Depends on the crime but for simple kidnapping state prison is not required unless there is a prior strike conviction.

Feel free to contact me for a free consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com