Jonesboro, Ga. – A man has been arrested in Clayton County after allegedly taking a 3-year-old child at gunpoint after a domestic violence incident.
An Amber Alert was issued for the toddler when he left the house with the child. A domestic violence task force was sent to assist in locating the man and the child. The man was located, and the child was returned to his mother.
As a Georgia Criminal Defense Lawyer, I will outline one of the crimes the man has been accused of committing – kidnapping.
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 have been arrested in the state of Georgia.