Pc 207 – Kidnapping – Four People Charged In Abduction Of 4-Year-Old And 2-Year-Old Living In Anaheim – Penal Code Section 32

On October 13, 2010, the Orange County District Attorney charged two defendants with kidnapping and two other defendants with being accessories to kidnapping in connection with the disappearance of two young Anaheim boys on October 7.

Defendant Abraham Fernandez, 23, was the father of the boys, and defendant Louis Fernandez, 52, was the boys’ grandfather.  Prosecutors alleged that Abraham and Louis kidnapped the boys in an alley near their Anaheim home, and that defendants Nicholas Fernandez and Linda Fernandez harbored the boys knowing that they were kidnapped.  Nicholas is also accused of renting the van Abraham and Louis used to kidnap the boys.  Nicholas and Linda were arrested at their home, but Abraham, Louis, and the boys are still missing.

The boys’ mother was Abraham’s former live-in girlfriend.  Abraham and the mother met in Houston, where the boys were born, but the mother moved to Anaheim several months ago without Abraham.  The couple had no prior history of domestic turmoil.

Under Penal Code section 207, “every person who forcibly. . .steals or takes. . .any person in this state. . .and carries the person. . .into another country, state, county,” or other part of the same county, is guilty of kidnapping.  Kidnapping is a felony punishable by three, five, or eight years in prison, but if the person kidnapped is under 14 years old, the kidnapping is punishable by five, eight, or eleven years in state prison.  (P.C. 208(a), (b).)

Under Penal Code section 32, “[e]very person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.” An accessory after the fact to a felony is guilty of either a misdemeanor punishable by a fine and up to a year in jail, or a felony punishable by 16 months, two years, or three years in state prison.

If you or someone you know has been accused of kidnapping or accessory after the fact, you will need an experienced Orange County criminal defense attorney who will aggressively represent you and thoroughly investigate the facts and the law regarding your alleged crime.  At Wallin & Klarich, we have helped people accused of kidnapping and accessory after the fact for over 40 years.  Call us today at (888) 280-6839. We will be there when you call.