Chamblee, Ga. - Two men approached a mother in a Chamblee neighborhood in the middle of the day on Saturday and held her at gunpoint. They kidnapped her baby - a one-year-old boy.
Georgia State Patrol Troopers spotted the suspected vehicle in Carroll County and pulled them over.
The kidnapping case has now been turned over to the FBI, and the baby has been returned to his mother.
Although this is now a federal case, as a Georgia Criminal Defense Lawyer, I will outline the law behind the crime of kidnapping in the state of Georgia.
Kidnapping in Georgia
Kidnapping in Georgia is defined in 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.
The elements of kidnapping as laid out in Georgia law state that just a slight movement is sufficient to constitute a crime. That action is legally referred to as asportation.
Kidnapping convictions carry substantial penalties. Kidnapping is classified as a felony offense in the state of Georgia The consequences 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 tend to receive even longer prison sentences. Furthermore, a fourth conviction will be a felony conviction that carries a penalty of life in prison with no chance of parole.
Call our offices now if you or a loved one has been arrested in the state of Georgia.