Georgia Criminal Defense Blog

Car Taken from Gas Station in Clayton County Had Baby and Toddler Inside

Posted by Richard Lawson | Jan 17, 2018 | 0 Comments

A 2009 Chevrolet Equinox was stolen from a Clayton County Quiktrip station earlier today. Someone jumped into the car after a woman left the vehicle unattended at the station on Riverdale Road. A 1-month-old baby and a 4-year-old child were inside the vehicle. A few hours later, authorities found the 4-year-old by the side of the road. Shortly after that, they found the infant in her car carrier near South Fulton Parkway.
Police later found the car along Metropolitan Parkway in SouthWest Atlanta.

Based what has been alleged in this news story, the accused may be facing the following charges...

  • Theft by Taking
  • Kidnapping
  • Cruelty to Children

Theft By Taking in Georgia

The most common type of theft in Georgia is theft by taking. It is defined by O.C.G.A. §16-8-2: when a person unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated. Punishment for theft by taking is either classified as a misdemeanor or a felony in Georgia. The outcome is dependent upon the property value. If the value of the property is $500 or less, then it is considered a misdemeanor. A misdemeanor includes a fine up to $1,000 and a sentence of up to 12 months. If the value of the property is more than $500, then it is considered a felony. Most of the time, theft of a motor vehicle is considered a felony in Georgia because most motor vehicles are worth more than $500. However, according to the Georgia Code, theft of a motor vehicle is a felony, but that in the discretion of the judge, they could consider it a misdemeanor. The victim of the theft can also bring a civil action to recover monetary damages.

Kidnapping in Georgia

Under O.C.G.A. §16-5-40, a person commits the offense of kidnapping when such person abducts another person without lawful authority or warrant and holds such other person against his will. Kidnapping is considered a felony in Georgia. If the victim is under 14 years of age, the penalty is severe. The kidnapper will receive either a life sentence or a sentence of twenty years to life and probation for life after prison.

Cruelty to Children in Georgia

Cruelty to children is divided into three degrees in Georgia. It is defined by O.C.G.A §16-5-70. A person commits first-degree cruelty to children when he maliciously causes a child cruel or excessive mental or physical pain. A person commits second-degree cruelty to children when he with criminal negligence causes a child cruel or excessive mental or physical pain. A person commits third-degree cruelty to children when he is the primary aggressor and intentionally allows or knows that a child is present and commits a forcible felony, battery, or family violence battery. The penalty for being convicted of first-degree cruelty is a prison term between five and twenty years. Second-degree cruelty is a prison term between one and ten years. Third-degree cruelty can be classified as a misdemeanor or a felony.

The accused will be facing serous felony charges and will need a top-rated Georgia Criminal Defense Lawyer.

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About the Author

Richard Lawson

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