Legal custody over a child makes you responsible for their safety, including knowing where they are at all times. Therefore, interfering with a child's physical and legal possession attracts child abduction charges, resulting in a possible criminal conviction. An offender found guilty under California law may face misdemeanor or felony charges depending on the circumstances of the case and the elements of the crime in which they participated.
Due to the serious nature of the offense, you need to contact a defense attorney soon after facing arrest. In doing so, you equip yourself with information and support from a legal team ready to support you throughout the trial process. Your attorney should have experience handling criminal matters and can help you prepare high-quality defense strategies to fight child abduction charges.
At California Criminal Lawyer Group, you will work with some of the most experienced defense attorneys specializing in the practice area. Our years of experience handling charges similar to child abduction make us a great team to partner with, as your interests always come first. Moreover, the team will represent you in court and conduct all processes on your behalf, so you do not have to worry about taking on the workload alone. Consult your defense attorney immediately if you or a loved one faces child abduction charges.
The Nature of a Child Abduction Charge
The California Penal Code recognizes child abduction as a criminal offense under Section 278. It defines it as the malicious detention or withholding of a minor under eighteen years from their lawful custodian. The crime may occur under various circumstances, calling for attention to each case based on its merits.
Upon your arrest, the prosecutor may file misdemeanor or felony charges against you, depending on the severity of your case. If aggravating factors like using violence or threats to abduct the child are present in your case, then you can expect a more serious charge that results in harsher penalties.
Child abduction charges may also vary depending on the nature of the rights the aggrieved party has over the child. Subsequently, the law makes provisions for other forms of child abduction, and you want to understand what they entail to help you better prepare for your defense hearing.
Elements of Crime for the Prosecutor to Prove
When your case advances to the trial stage, the prosecutor is responsible for proving you are guilty beyond a reasonable doubt. The prosecution team must meet its legal obligation to prove all elements of the crime beyond a reasonable doubt. As a result, they must structure their arguments systematically.
You should expect that the prosecutor will obtain different sources of proof and use the information to elaborate and demonstrate your guilty involvement. By understanding the different approaches the prosecutor may take when discussing these elements, you can anticipate their arguments better and prepare strong defenses against them.
The following are the main elements of the crime of committing child abduction in California:
You Maliciously Took a Child and Withheld Them From Their Legal Custodian
The first element for the prosecution to prove is that you took a child away from their legal custodian out of malicious intent. Taking the child involves removing them from one location to another, making them inaccessible to their guardian. When discussing this element, it is immaterial that you took the child only for a short while,, as long as the prosecutor can prove you had malicious intent.
The malice element also requires a breakdown to help you understand what the prosecutor intends to prove. Firstly, any act committed out of malice aims to annoy the receiving party. In the case of child abduction, you may face accusations of removing a child from their usual residence to annoy a former spouse or friend. The prosecutor must support their argument with strong evidence to ensure they are not just speculating about your actions.
Additionally, malice can involve a deliberate effort to hurt or injure the receiving party. For example, robbing a child of their custodian can cause psychological harm because they are unsure of their welfare and safety. Further, inadequate information about the child’s whereabouts can put the custodian in harmful situations as they look for the minor. For example, they may go into dangerous locations alone as they attempt to trace their child’s steps before the abduction.
The prosecutor may also prove malice by explaining any efforts to defraud or disturb the child’s legal custodian in court. Fraud involves making false representations to an unsuspecting party and making them trust you based on incorrect terms.
For example, lying to the custodian that you will take care of the child without removing them from their home and later doing so amounts to fraud. If so, the prosecutor’s role is to provide sufficient information to prove that you lied or tricked the child’s legal custodian into contacting the child.
The question of who is a legal custodian also arises when proving the first element of child abduction. A lawful custodian is anyone with a legal mandate to care for and protect the child by controlling their well-being circumstances. For example, every parent is the legal custodian of their child because of their role. The law expects them to care for and provide for the child for as long as possible.
Legal custody also extends to other entrusted parties like relatives or guardians who receive access to the child from the parents. Additionally, a custodian may be any person appointed to the position through a court order. The situation often arises after a parent fails to meet their parental duties adequately, resulting in court intervention. A foster parent may fall within this category, provided they have lawful custody of the child.
The Child You Withhold Was Below Eighteen Years
Secondly, the prosecutor must prove that the child in question was under eighteen when the child abduction occurred. Proving this element is necessary because a minor cannot legally consent to decisions regarding their safety or well-being. Subsequently, you, as the defendant, cannot rely on any arguments stating that the child voluntarily agreed to go with you as a way to fight child abduction cases.
Moreover, the prosecutor will aim to demonstrate that you could have endangered the minor, warranting harsher penalties if the judge finds you guilty of the offense. In court, the prosecutor presents the child’s records, including their birth certificate, school records, and medical records, if necessary, to show they were under eighteen.
Additionally, the prosecutor may call on the parents or guardians to certify the child’s age as a minor without substantial records or other useful documents. Since the child’s age is often a straightforward issue, the prosecutor can easily conclude on this element. Also, you do not have to contest the age element if the facts are clear, because it may discredit you during the trial.
You Had the Intention to Detain on Conceal the Child From Their Legal Custodian
A child abduction charge must also involve the criminal intention to detain or conceal the child from their legal custodian. Many suspects achieve this by using force, fear, or trickery to withhold the child and cause further unrest for the custodian. If your case involved forcibly detaining a minor, you are answerable for child endangerment, increasing the chances of a harsh sentence.
The prosecutor will assess your case facts and identify key points demonstrating your intention to withhold the minor. Since these actions are not always direct, the prosecution team may need to infer or deduce conclusions from your efforts.
For example, refusing to answer phone calls or texts from the child’s custodian can indirectly indicate your intention to withhold the child. The conclusion is acceptable in court because you should have maintained open communication channels with the custodian if you did not intend any harm. The prosecutor will identify any similar actions you undertook to infer your criminal acts further.
Alternatively, your case may include direct actions demonstrating your unlawful intention to withhold the minor. For example, you may have called or texted the child’s custodian, told them not to expect the child back, and even issued an ultimatum or a ransom demand. If evidence to prove these factors is available, the prosecutor will have an easier time proving your position, which could be detrimental to your case.
You Lacked Legal Custody Over the Child
Lastly, the prosecutor must show that you did not have legal rights to have the child in your custody, resulting in your arrest and charge of child abduction. Proving this element is important in tying up all the factors and justifying the case.
Since the prosecutor should show your lack of child custody rights, they can easily run through family records, including those of any court-appointed custodians. Suppose no documents in your name are available to justify your legal custody rights. In that case, the prosecutor can call on the defense to produce any evidence contradicting their position.
Despite this, the standard of proof in criminal cases makes minimal allowance for a prosecutor to establish their case without evidence. The rationale is that more information is needed to prove it does not exist. Due to this, your defense attorney can source evidence to the contrary and establish your position as a legal child custodian.
Abduction by Denying Visitation Rights
Among the variations of child abduction charges is abduction by denial of child visitation rights. The offense is prohibited under Section 278.5 of the Penal Code. It provides for the actions resulting in the crime, including withholding a child against the wishes and knowledge of their usual child custodian. Additionally, the offense is linked to malicious intention, which causes harm, disturbances, and annoyance to the child’s custodian.
The main distinguishing factor between regular child abduction charges and abduction by denial of visitation rights is that, in this case, you and the other party have rightful custody over the minor. Therefore, the question is not whether you should have the child in your custody but whether you have unlawfully limited the other party’s rights.
The elements that the prosecutor will focus on should demonstrate that your actions involved the deliberate withholding of child access from a rightful custodian. Although similar to a regular child abduction charge, the elements have unique characteristics depending on the circumstances. The elements are:
Taking and Withholding a Child Maliciously
Like the primary child abduction charge, the prosecutor must prove that you took the minor out of malice. Specific to this charge, malice often involves trying to frustrate the other legal custodian, usually the other parent, who is a former spouse. Many cases occur during the divorce or separation stage of marriage dissolution because parties are more prone to impulsive decisions.
Since malice aims to cause annoyance, disturbance, or injury to the receiving party, the prosecutor should show you understand the existing equal custody rights. Your knowledge of fair access to child custody is the baseline that shows your intentions to frustrate or annoy the other party.
Some evidence to expect from the prosecutor includes witness testimonies from the complainant or any signed documents involving parental custody rights. Additional details regarding the child’s custody may also be present, provided they are from verified sources that do not compromise the fairness of the trial.
Withholding a Minor Below Eighteen Years
Secondly, the prosecutor must show that the child was under 18 to validate the reasoning that they cannot consent to be in your company. Similar to the expectations to meet in the primary charge, the prosecutor must produce sufficient information to establish the minor’s true age.
A third party can resolve the issue of inadequate information about the minor’s age by providing an expert opinion. They can extract the details by examining the minor or tracing their upbringing to establish their possible birth date. These situations only arise when no party has specific information about the child’s age.
Depriving a Lawful Custodian of Their Visitation Rights
Lastly, the unique elements of the crime that separate child abduction cases under Sections 278 and 278.5 deprive a party of visitation rights and access to the child. Since you and the complainant have legal custody over the child, no party should act in ways prejudicial to the other, including restricting custody.
The prosecutor’s approach would be to show that the complainant had legally binding orders allowing them to have visitation rights with the minor. They may present specific court decrees issued after a separation or divorce case.
Alternatively, the prosecutor can present maternity or paternity results to show that the aggrieved party had a rightful claim over the child, making it illegal for you to withhold or detain the minor. Once all elements are proven, the judge will issue penalties similar to those available under a regular child abduction charge.
Defenses to Child Abduction Charges
A strong defense argument can pivot the case's outcome, increasing your chances of a favorable outcome. Working with a criminal defense attorney gives you a better chance of establishing the best approaches to building counterarguments. The goal is to cast reasonable doubt on the prosecutor’s case because their failure to prove your guilt can overturn the entire case.
Although you will have several defenses to use potentially, not all apply to your case facts. Choosing the wrong defense may contradict statements made earlier, with the result of compromising your case. Therefore, an elaborate consultation with your attorney on the best arguments to rely on is beneficial.
Some defenses applicable to child abduction charges include:
You Had Rightful Custody Over the Child
Sometimes, a complainant may report a case without providing all necessary facts, resulting in your arrest for invalid reasons. Among them is facing child abduction charges despite having legal custody over the minor. It is also not uncommon for a party without legal custody to provide false case facts, making you vulnerable to prosecution.
If you attempted to raise these concerns previously but lacked the avenue to explain yourself, you can use the defense hearing session to prove your case. You want to consolidate all documents that show you are a rightful child custodian. In doing so, you will justify taking your child, provided you did not endanger them or act out of malice.
You Removed the Child from a Party Because They Lacked Legal Custody
Another way to build your defense is by turning to the complainant and highlighting their lack of legal child custody. Your argument can therefore justify your actions if you genuinely believed that the child was in danger when in the company of the party lacking legal custody.
When consolidating your evidential sources, provide compelling reasons that motivated you to act against the other parent. For example, they may have violent behavior, drug or alcohol problems, or be generally unable to support the minor, on top of lacking legal custody. By highlighting these issues, you are more likely to justify your actions and reduce the possibility of conviction for child abduction charges.
You Lacked Malicious Intent
Having a day out with a child known to you does not have to equate to child abduction, especially if you did not have malicious intent. Some cases involve innocent interactions whereby you, as the familiar party, move the child to a new location but with the child’s best interests in mind.
For example, you could be a close relative, friend, or former spouse who co-parents with the legal custodian. Taking the child with you on vacation or for any other non-malicious activity should not warrant an arrest, especially if you made efforts to contact the legal child custodian.
You can prove your lack of malicious intent by presenting phone records or any other evidence of attempted communication with the custodian to collaborate in upholding the child’s best interests. If the judge and jury presiding over the case see no reasonable cause for alarm in your actions, they may acquit you of the charges.
Penalties for Child Abduction
Child abduction charges attract misdemeanor or felony penalties, depending on the severity of the circumstances in question. As a result, penalties vary depending on the initial charges you received.
As a misdemeanor, the offense attracts a jail sentence of up to one year, and the judge may order you to pay a fine of up to $1000. As a felony, the offense may result in a prison sentence of two, three, or four years and a fine of up to $10,000. Further, if you are a non-American citizen, your position as a convicted defendant makes you more likely to face deportation. Despite this, your attorney can negotiate terms with the judge and the prosecutor to reduce the chances of this consequence.
The judge can vary the penalty terms and increase or reduce the severity based on whether your case had any mitigating or aggravating factors. Your defense attorney should therefore prepare strong defenses to ensure your case is persuasive in court and is likely to influence the judge into giving a favorable outcome.
Contact a Criminal Defense Attorneyhttps://www.santaanacrimeattorney.com/ Near Me
When you or a loved one faces child abduction charges, you are likely to face a criminal trial and subsequent conviction if the judge finds you guilty. To avoid these consequences, you need to work with a skilled criminal defense attorney who will handle your case adequately and prepare strong and persuasive defenses on your behalf.
Additionally, your criminal defense team should fully understand the circumstances surrounding your case to give them the upper hand when countering the prosecutor’s position. Doubtless, working with an experienced legal team is highly advantageous and advisable to increase your chances of a favorable case outcome.
At California Criminal Lawyer Group, you have access to a dedicated team of defense attorneys who understand the importance of presenting strong defense arguments. Thanks to the years of experience handling child abduction criminal cases, you can expect quality services that meet all legal requirements. Moreover, the team is ready to provide assistance, clarification, and support when necessary on any emerging issues. If you need criminal defense services to fight child abduction cases, call us today at 714-844-4151.
