A Paulding County man is facing a lot of different charges. Michael Diaz was first arrested at the beginning of October on the following charges:
According to police, he was released on bond last Friday. The bond was conditional that he not have any contact with his child or his child's mother. On Monday, Diaz was found in a hotel with his infant daughter. Her mother called the police when she found out that Diaz had taken her.
Diaz turned the baby over to Mississippi authorities, but then locked himself inside a hotel room. Diaz was eventually arrested on charges of:
As a Georgia Criminal Defense Lawyer, I will outline the offense of kidnapping in today's post.
Kidnapping in Georgia
The Georgia Code defines the criminal offense of kidnapping in Georgia 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. O.C.G.A. §16-5-40.
A kidnapping conviction is classified as a felony conviction. The penalties for the offense depend upon the age of the victim and the nature of the kidnapping.
The consequences for kidnapping a victim who is 14 years or older include a prison term between ten and twenty years. The consequences for kidnapping a victim who is under 14 years old include either a life sentence or a prison term between twenty years but less than life with probation for life after release. Furthermore, the convicted individual will receive life in prison or the death penalty if the kidnapping was for ransom or if the victim received bodily injury.
It is also worth noting that repeat offenders will receive longer prison sentences. A fourth felony conviction for any offense will carry a penalty of life in prison with no chance of parole.
There are, however, Georgia Criminal Defenses that defend against a wrongful accusation of kidnapping. These defenses include:
- Protecting a child from imminent harm
- Consent from the alleged victim
- No asportation of the alleged victim, etc.
These are just a few of the defenses that can fight a wrongful arrest for kidnapping. If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Attorney today. We can help you with your case and determine which defenses work best for you.