The victim of an attempted kidnapping reported to police that a man grabbed her and attempted to get her to come with him.
He was walking past her on the sidewalk when he grabbed her wrist and repeatedly demanded that she came with him.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the criminal offense of kidnapping although the alleged crime was not completed in the story above. There are different elements to the crime that must be fulfilled in order for someone to be guilty of kidnapping by law.
Kidnapping in Georgia
Kidnapping in Georgia is defined by the Georgia Code in O.C.G.A. §16-5-40 as:
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.
Kidnapping by law means that just a slight movement is sufficient to constitute a crime. The action of a slight movement by law is called asportation.
Kidnapping is considered a felony offense in Georgia. This means that a kidnapping conviction comes with substantial penalties as it is classified as a felony conviction.
The potential penalty for kidnapping a victim who is 14 years or older include a prison term between ten and twenty years. However, if the victim is under 14 years old, then the penalty is elevated to either a life sentence or a prison term between twenty years but less than life with probation for life after getting out of prison. A suspect will receive life in prison or the death penalty if the kidnapping was for ransom or if the victim received bodily injury.
Repeat offenders will receive longer prison sentences. However, a fourth felony conviction will carry a penalty of life in prison with no chance of parole.
There are criminal laws in the state that cover criminal attempt in Georgia. That being said, if you or a loved one has been arrested in this state, contact our offices today. A Georgia Criminal Defense Attorney can help you with your case today.