Kidnapping

What Is Kidnapping?

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.

Georgia law requires only slight movement of the victim to constitute kidnapping. However, if the movement occurs during the commission of another crime (robbery or rape), kidnapping cannpt be applied unless the action was done to isolate the victim, minimize risk of detection, facilitate the commission of the primary crime, or avoid apprehension. Kidnapping is one of Georgia's Seven Deadly Sins crimes.

Defense Strategies for Kidnapping Charges

A summary of defense strategies: conduct a review to confirm whether or not the case facts meet the specific requirements for the charge of kidnapping. Specifically, our defense attorneys may challenge the prosecution to prove a forced abduction and unlawfully moving the victim to another location.

The specifics of the case are very important. Is their a relationship between the defendant and victim? Was their clear intent to kidnap, or was this a simple domestic dispute? Was there a motive for kidnapping? Our attorneys can examine evidence such as police reports, witness statements, video footage, and forensic evidence.

Kidnapping Punishments

Kidnapping is a serious felony crime in Georgia. State law for kidnapping provides for:
- Victim 14 or older: Punishable by 10 to 20 years in state prison.
- Victim under 14: Punishable by life imprisonment or a split sentence of at least 25 years followed by life probation.

Aggravated Factors: If the kidnapping involves ransom, bodily harm, or a deadly weapon, sentences can result in life imprisonment with or without the possibility of parole. Kidnapping is one of Georgia's Seven Deadly Sins crimes, Depending on the defendants criminal history, there is a potential for a conviction to result in life without parole.

Georgia Law: O.C.G.A. § 16-5-40

Click the following link to see the full law for kidnapping in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

Contact a Kidnapping Attorney

If you are being investigated for, or charged with, kidnapping we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. Get control of your situation. Call 678-880-9360 to schedule a free consultation with a criminal defense attorney.