Alpharetta streets were blocked off when authorities attempted to detain a possible kidnapper.
A man had contacted police relaying that he had been kidnapped at gunpoint and taken to a house in Roswell. The SWAT team closed the road by the house in both directions while warrants were processed to gain access to the home.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the criminal offense of kidnapping in the state of Georgia.
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 situations in which individuals are wrongfully accused of kidnapping in Georgia. Kidnapping shares a lot of the same elements as other crimes.
If you or a loved one has been arrested, contact our offices today. A Georgia Criminal Defense Attorney can help you today.