Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Aggravated Kidnapping Penal Code 209 PC

By Spodek Law Group | July 2, 2021

Pursuant to California Penal Code 209 PC, aggravated kidnapping involves taking a person for ransom or a reward or to commit another criminal act, like robbery or rape.  Aggravated kidnapping is a much more weighty charge than ordinary kidnapping under Penal Code 207.  It carries life sentence in prison.


Possible Defenses

Mercifully, there are a few legal defenses that a person can raise if accused of kidnapping under Penal Code 209. The possible defenses include showing that an accused party was not guilty of a kidnapping charge, that they were coerced into a confession,  and/or they were arrested without any probable cause.


In this article, the California criminal defense attorneys at Spodek Law Group will teach you:

  1. The legal definition of aggravated kidnapping
  2. What legal defenses to Penal Code 209 are the strongest?
  3. What penalties are connected to Aggravated kidnapping charges?
  4. What crimes are related to Aggravated Kidnapping?


  1. The legal definition of aggravated kidnapping

The California Penal Code 209(a) PC outlines that it is a crime for any individual or group to kidnap another party “for ransom, reward or to commit extortion or to exact from another person any money or valuable thing.”

Additionally, California Penal Code 209(b) states that it is a criminal offense for a person to kidnap another party in order to commit robbery, rape, spousal rape, under Penal Code 262 PC, oral copulation, under Penal Code 287 PC, or, sodomy, under Penal Code 286 PC.

Both of the versions of kidnapping in code section 209(a) and 209(b) are forms of aggravated kidnapping.

Defining Relevant Terms

The term “Kidnapping,”, in accordance with California law, is the act of removing a victim a substantial distance, using force or fear to do it. The transferring of the victim must also come without the victim’s consent.


The phrase “Force or fear”, for the purposes of this conversation, means that a defendant either   inflicted physical force on the alleged victim, or threatened to inflict imminent physical harm on the alleged victim.

  1. What legal defenses to Penal Code 209 are the strongest?

People accused under PC 209 can challenge the accusation by raising an effective legal defense.  A strong defense can often result in a charge being reduced or even dismissed. It is worthy of note that it is critical for an accused to retain an experienced criminal defense attorney to get the most effective defense.

The three common defenses to PC 209 accusations are as follows:

  1. innocent of kidnapping;
  2. coerced confession; and/or,
  3. no probable cause.

Let’s examine these in more detail so you can understand how these defenses can work for you.


The “Innocent of kidnapping” defense

California Penal Code 209 makes it a criminal offense for a person to kidnap another party for ransom or to commit a crime. Therefore, a defendant cannot be convicted under the code section if he is innocent of the underlying offense of the kidnapping itself.  The defense can try to demonstrate that he is not guilty of kidnapping by proving that he did not move an alleged victim a substantial distance, and if he or she did move the person, they did not use force or fear to do move them.


The “Coerced confession” defense

This defense applies to the scenario in which a defendant was charged under PC 209 following a confession.  The law forbids police officers from using overbearing measures to coerce a confession.   If a defendant can show that the police coerced him into a confession, then the judge may exclude the confession from evidence or the case could get dismissed altogether if the person was subjected to pressure that caused him or her to confess to a crime they didn’t commit.


The “No probable cause” defense

This line of defense attempts to exclude evidence that exists against a defendant for a PC 209 violation. The most common scenario is when a person was stopped or arrested without probable cause.  If this can be demonstrated, then any evidence investigators obtained following the improper stop or arrest should be excluded from the case. This one detail could lead to the dismissal or reduction in charges.


  1. What penalties are connected to Aggravated Kidnapping charges?

Breaking the law enshrined in Penal Code 209 PC results in a felony charge.  The punishment connected to this offense, though, depends upon whether an individual is guilty under PC 209(a) or PC 209(b).

In the event that a defendant is accused of kidnapping for ransom, and in the process, the victim suffers death or bodily harm, then that person is looking at imprisonment in the California state prison for life without the possibility of parole. If no death or bodily harm, then the defendant is looking at life in prison with the possibility of parole.

In matters where an accused is guilty of kidnapping to commit a crime, the punishment is incarceration in the California state prison for life with the possibility of parole.5

For persons convicted under either Penal Code 209(a) or 209(b), if felony probation is granted, Penal Code 209(c) says that the defendant must still serve 12 months in the county jail as a condition of the probation.


  1. What crimes are related to Aggravated Kidnapping?

There are three criminal offenses related to kidnapping for ransom or kidnapping to commit a crime:

  1. kidnapping – PC 207;
  2. kidnapping of a minor child under the age of 14; and,
  3. kidnapping during the commission of a carjacking – PC 209.5

If you or another person close to you has been accused of a crime, under California Penal Code 209, you are invited to contact the attorneys at Spodek law Group for your free, confidential legal consultation to discuss your unique circumstances and start considering solutions.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!