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Hostage Taking Defense

California Penal Code 210.5

Information on the crime of taking a hostage, also known as false imprisonment for the purpose of protection from arrest or use as a shield, if found at California penal code section 210.5.

The law of PC 210.5

PC 210.5 Every person who commits the offense of false imprisonment against a person for purposes of protection from arrest, which substantially increases the risk of harm to the victim, or for purposes of using the person as a shield is guilty of hostage taking [Paraphrased].

To find the defendant guilty of the crime of hostage taking the district attorney must prove all of the following:

  • The defendant was faced with the threat of imminent arrest
  • The defendant restrained another person by force or threats to protect himself or herself from the threat of imminent arrest
  • When The defendant restrained another person to avoid arrest he or she made the victim move to another place or forced the victim to remain in the same place
  • When the defendant moved or confined the person restrained it substantially increased the risk of harm to the other person, or the defendant used the other person as a human shield

In lay terms, taking a hostage means to take another person as a prisoner to avoid arrest or capture, and when the victim is taken as a hostage the victim is placed in greater danger of physical harm. Using a hostage as a shield qualifies as increasing the danger to the hostage.

Sentence & Punishment for PC 210.5

Hostage taking is classified as a felony. If found guilty the defendant may face up to eight years in prison. In some cases the defendant may qualify for a probation sentence, a split sentence, or a suspended sentence. Whether or not probation will be granted upon any conviction for PC 210.5 depends largely on the facts of the case as well the defendant's criminal history.

PC 210.5 is not considered to be a serious or violent offense under California Law; therefore, PC 210.5 is not considered a strike offense under California's Three Strikes Sentencing Law. If found guilty of hostage taking the defendant will be entitled to earn up to fifty percent credit off of his or her jail or prison sentence for good behavior.

In addition to a prison sentence, punishment for hostage taking convictions include: increased penalty for future crimes, adverse consequences for immigration or professional license issues, possibility of facing civil lawsuits, fines, restraining orders, and more.

Defenses to PC 210.5 (Hostage Taking)

Common defense to the crime of hostage taking include: consent to movement or confinement by the alleged victim, insufficient evidence to prove that the defendant intended to use the victim as a human shield or use the victim to avoid arrest, mistake of fact, coerced confession, and more.

If you or a loved one is charged with hostage taking, or PC 210.5, contact our criminal defense attorneys today and without delay. Our criminal attorneys are experienced and we have successfully defended against hundreds of misdemeanor and felony crimes. There is no fee for consultations and our attorneys are available every day of the week to answer your questions and discuss your defense options, including bail questions. Call today!

909.913.3138 

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PC 210.5 Hostage Taking

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PC 210.5 False Imprisonment to Avoid Arrest

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California Hostage Taking Law & Defense / PC 210.5

 
 
 
 
 
 

Law Office of Christopher Dorado 1030 Nevada Street. Suite 105 Redlands, CA. 92374