California Penal Code 210.5: Hostage Taking

Legal Definition: Every person who commits the offense of false imprisonment, as defined in Section 236, 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.

For a person to be convicted of a violation of PC 210.5, the prosecution must prove the following:

1. You were faced with the threat of imminent arrest;

2. You restrained another person by force or threats to protect yourself from being arrested;

3. When you restrained another person to avoid arrest you made the victim move to another place or forced the victim to remain in the same place;
AND

4. When you moved or confined the person restrained it substantially increased the risk of harm to the other person, or you used the other person as a human shield to avoid arrest.

What does this mean?

This charge simply means that you took a hostage to avoid arrest or capture by police. In addition, when the victim was taken hostage, the victim was placed in greater danger of physical harm. Using a hostage as a shield qualifies as increasing the danger to the hostage.

Penalties

Hostage Taking is a felony-only offense in California. If you are convicted under this section, you could be sentenced to upwards of three, five, or eight years in State Prison. You would be required to serve 50% of that time in custody.

Hostage-taking, however, is not a serious or violent felony, and therefore not a Strike offense under the Three Strike’s Law.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of your Rights
4. Mistake of Fact

The best defense under this section is to show that there is insufficient evidence to find you guilty of the charge. This can be shown that you did not intend to take someone hostage to avoid arrest because you did not know police were nearby and attempting to arrest you. Another way is to show that you did not use another person as a human shield for you when you took them.

Call Today

Facing charges of Hostage Taking under PC 210.5 is a gravely serious situation, often accompanied by other criminal accusations that compound the potential severity of penalties. It’s a moment when the value of a seasoned and aggressive defense attorney becomes unmistakably clear.

Why Choose Inland Empire Criminal Defense?

• Expertise in Hostage Taking Defense: Our PC 210.5 Ontario attorney possesses a robust track record of successfully defending clients against Hostage Taking charges. Leveraging extensive legal knowledge, strategic defense planning, and comprehensive research, we aim to secure the best possible outcomes for our clients.
• Aggressive Legal Advocacy: We understand the critical nature of these charges and the profound impact they can have on your life and freedom. Our approach is founded on thorough preparation, aggressive legal representation, and a relentless pursuit of your rights and best interests.
• Client-Centered Support: Facing such charges can be an incredibly stressful experience. We offer round-the-clock availability to ensure you have the support and answers you need, when you need them. Our initial consultation is complimentary, allowing you to understand your legal options without financial pressure.

Take Action for Your Defense

In the face of Hostage Taking charges under PC 210.5, proactive and vigorous legal defense is crucial. With the complexities and high stakes of these cases, engaging with an experienced attorney can make a significant difference in the trajectory of your case.

Secure Expert Legal Representation

Don’t let the severity of Hostage Taking charges dictate your future. Reach out to Inland Empire Criminal Defense for unparalleled legal support and representation. With a proven history of defending against complex criminal accusations, we are prepared to fight for your chance at freedom. Contact us at 909-939-7126 for a free consultation and begin your defense journey today. Located in Ontario, CA, we are strategically positioned to serve clients across the Inland Empire with dedication and expertise.