August 31, 2011 By Wallin & Klarich

A Monterey Park man is now facing some serious allegations after a female employee of his yogurt shop escaped from his storage room. The alleged victim freed herself and then contacted some people in the building who called police.

Robert Yachen Lee, is now facing kidnapping and attempted murder charges for the abduction of one of his female employees when he allegedly knocked her unconscious and then after disrobing her and placed her in restraints as well as placing her in a box. The storage room had also been apparently soundproofed.

The alleged victim told the police that when she awoke, she was bound with tape and had a collar around her neck. She was able to free herself and escape to a nearby office.

Are you or someone you know facing similar charges? You need to seek the advice of an experience criminal defense attorney immediately. The prosecution in this case will need to prove several things before you could be convicted of this or any other crime.

To prove that you are guilty of this crime, the People must prove that:

1. You took, held, or detained another person by using force or by instilling reasonable fear; 2. Using that force or fear, you moved the other person or made the other person move a substantial distance; 3. The other person did not consent to the movement; AND 4. You did not actually and reasonably believe that the other person consented to the movement.

Is consent a defense?

You are not guilty of kidnapping if you reasonably and actually believed that the other person consented to the movement. The People have the burden of proving beyond a reasonable doubt that the defendant did not reasonably and actually believe that the other person consented to the movement. You are also not guilty if the other person consented to go with you. Although, consent may be withdrawn.

Kidnapping is a serious and violent felony, which is punishable for up to 11 years in prison depending on the age of the victim. A conviction for kidnapping is a “strike,” under the California Three Strikes Law, and could result in increased punishment for any further sentencing if you are convicted of another crime in the future.
If you or a loved one have been accused or charged with a kidnapping charge, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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