Claims of Kidnapping are serious and no one should minimize anyone’s experience. However, occasions arise where someone, in an argument, will call the police to solve a problem between the two of them, which always results in an arrest. Then someone will tell the officers something and the officer elects to add in a charge of either Kidnapping or Cruelty to Children.
There are multiple ways that the state (or prosecutor) can charge someone with Kidnapping. A review of the Georgia Statutes show the requirements and how someone can be charged under the Kidnapping Statute.
The Georgia legislature defines and evaluates Kidnapping as follows:
OCGA § 16-5-40
- A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.
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- For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense.
- Movement shall not be considered merely incidental to another offense if it:
- Conceals or isolates the victim;
- Makes the commission of the other offense substantially easier;
- Lessens the risk of detection; or
- Is for the purpose of avoiding apprehension.
- The offense of kidnapping shall be considered a separate offense and shall not merge with any other offense.
- A person convicted of the offense of kidnapping shall be punished by:
- Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older;
- Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age;
- Life imprisonment or death if the kidnapping was for ransom; or
- Life imprisonment or death if the person kidnapped received bodily injury.
- Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
- The offense of kidnapping is declared to be a continuous offense, and venue may be in any county where the accused exercises dominion or control over the person of another.
Can my Kidnapping attorney give a defense to these charges?
You need the help of an experienced criminal defense attorney to help you with these charges. This charge can follow you for the rest of your life and WILL cause issues every time it “pops up.”
An experienced criminal defense attorney can help you fight and control how this Kidnapping charge affects you in court and your future. As former prosecutors, our lawyers know and understand that the prosecution, or in almost every case – team of prosecutors, are highly skilled and trained to obtain and try to get a conviction on your case.
That means it’s time to hire an experienced attorney who knows how to evaluate both sides of the case. Our team of criminal defense lawyers are former prosecutors and know how to mount a proper defense for your charges.
Being charged with Kidnapping or any criminal offense does not mean that you have to accept guilt. It means that you need help from an experienced attorney to mount a proper defense.
Our offices in Atlanta & nearby cities have a 24-hour response line (678-820-3936) and someone is available to answer your call and help. Call us now for a FREE case evaluation.