Attempted Kidnapping Charges in California (Penal Code § 664/207)

When prosecutors file attempted kidnapping charges, they’re alleging more than just a failed crime. They’re accusing you of taking specific steps toward one of California’s most serious offenses—an allegation that carries years in state prison, a strike on your record, and consequences that can permanently alter your life trajectory.

Under California Penal Code § 664/207, attempted kidnapping combines two powerful statutes and creates a serious felony that prosecutors pursue aggressively, even when no one was successfully abducted.

If you’re facing attempted kidnapping charges in San Diego, this guide gives you a clear picture of what you’re up against—and how an experienced defense team can help you fight back effectively.

What Qualifies as Attempted Kidnapping Under California Law?

Attempted kidnapping combines two distinct statutes:

1. Penal Code § 207 – The kidnapping statute itself
2. Penal Code § 664 – The attempt statute that applies to uncompleted crimes

For a completed kidnapping under § 207(a), the law states:

“Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.”

When charging an attempted kidnapping, prosecutors must prove:

• You specifically intended to commit kidnapping
• You took a direct step toward committing the kidnapping
• You failed to complete the kidnapping or were prevented from completing it

That “direct step” requirement is crucial. It must go beyond mere preparation and clearly demonstrate your intent to commit kidnapping. This could include actions like physically grabbing someone while trying to move them, making threats while forcing movement, or attempting to restrain someone against their will.

Potential Penalties for Attempted Kidnapping in California

Attempted crimes in California typically carry half the sentence of completed crimes. Since standard kidnapping is punishable by 3, 5, or 8 years in state prison, attempted kidnapping generally carries:

• 18 months, 2.5 years, or 4 years in state prison
• Formal felony probation (if granted)
• Fines up to $10,000
• A strike under California’s Three Strikes Law

However, several factors can significantly increase these penalties.

When Attempted Kidnapping Penalties Get Enhanced

The base penalties are just the starting point. Several circumstances can substantially increase your sentence:

Attempted Kidnapping of Children

When the alleged victim is under 14 years old, attempted kidnapping carries enhanced penalties. Prosecutors typically seek maximum sentences in these cases, and judges are generally inclined to impose them.

Weapons Involvement

If you used, displayed, or were armed with a weapon during the alleged attempt, you face additional penalties:

• Using a firearm adds 10 years to your sentence
• Discharging a firearm adds 20 years
• Causing great bodily injury with a firearm adds 25 years to life

Intent to Commit Additional Crimes

Attempted kidnapping with intent to commit robbery, rape, or other serious crimes can result in compound charges, with each carrying its own penalties that may run consecutively.

Gang Enhancement

If prosecutors allege the attempted kidnapping was gang-related under California Penal Code § 186.22, you could face an additional 5-15 years in prison.

Attempted Kidnapping vs. Related Offenses

Understanding how attempted kidnapping differs from similar charges can be crucial for your defense:

Attempted False Imprisonment

False imprisonment (PC § 236) involves unlawfully restraining someone against their will. Unlike kidnapping, it doesn’t require movement. Attempted false imprisonment would involve trying to restrain someone without successfully doing so—a less serious charge than attempted kidnapping.

Attempted Child Abduction

Child abduction (PC § 278) typically involves custody disputes where a parent takes or withholds a child contrary to custody orders. The key distinction is that kidnapping requires force or fear, while child abduction often doesn’t.

Simple Assault

Assault (PC § 240) is an unlawful attempt to commit violent injury. While an attempted kidnapping might include assault elements, it requires the specific intent to move someone against their will—a critical distinction that affects both charges and penalties.

How Prosecutors Build Attempted Kidnapping Cases

Prosecutors typically rely on a combination of:

• Eyewitness testimony about your actions and statements
• Surveillance footage from the location
• Physical evidence like restraints, weapons, or vehicles
• Cell phone records showing location or communications
• Your statements to law enforcement (which is why remaining silent is crucial)
• Evidence of planning like searches, notes, or preparations

But here’s where opportunities for defense emerge: each of these evidence types has inherent weaknesses that an experienced attorney can exploit.

Powerful Defense Strategies for Attempted Kidnapping Charges

When we defend clients against attempted kidnapping allegations, several strategies have proven effective:

Challenging Intent

If you didn’t specifically intend to kidnap the person, the charge fails. Many actions can be misinterpreted, and context matters enormously in these cases.

Questioning the “Direct Step”

The law requires more than mere preparation—prosecutors must prove you took a direct, unambiguous step toward kidnapping. Many actions that seem incriminating may not legally qualify as direct steps.

Exposing Mistaken Identity

Eyewitness identification is notoriously unreliable, especially in brief, stressful encounters. We thoroughly investigate whether you’ve been wrongfully identified as the perpetrator.

Revealing False Accusations

Kidnapping allegations sometimes emerge from custody disputes, personal conflicts, or misunderstandings. We investigate the accuser’s background, potential motives, and credibility issues.

Constitutional Violations

If police violated your rights during investigation or arrest—through illegal searches, improper questioning, or other misconduct—we can move to suppress evidence, potentially undermining the entire case.

Why These Cases Demand Specialized Defense

Attempted kidnapping charges require specialized defense expertise because:

• The technical elements create opportunities for defense that inexperienced attorneys often miss
• The stakes—including prison time, permanent felony record, and strike offense consequences—are extraordinarily high
• Prosecutors typically assign their most experienced team members to these cases
• Effective defense often requires independent investigation and expert witnesses

At David P. Shapiro Criminal Defense Attorneys, we’ve successfully defended clients against kidnapping charges, including securing dismissals at preliminary hearings. We know how these cases are built—and how they can fall apart under skilled scrutiny.

Our Approach to Attempted Kidnapping Defense

We focus on:

• Getting involved early—before charges are finalized
• Conducting independent investigation that goes beyond police reports
• Challenging evidence through motion practice
• Preparing aggressively for trial while simultaneously negotiating
• Humanizing our clients in the eyes of prosecutors and courts

We’ve seen how the right approach can transform these cases—from potential convictions carrying years in prison to dismissals, reduced charges, or manageable resolutions.

What’s Next? Take Control Before It’s Too Late

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.