According to reports out of Atlanta, an Alabama man has been arrested and extradited to Fulton County for allegedly beating a panhandler on a MARTA train.
The man is facing charges of battery, robbery, kidnapping and false imprisonment.
As a Georgia Criminal Defense Lawyer, I will explain both of the offenses of kidnapping and false imprisonment (as the two crimes are related) as they are laid out by Georgia Law.
Kidnapping and False Imprisonment 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.
There are legal requirements for the offense of kidnapping to have occurred. For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense.
- A person convicted of the offense of kidnapping shall be punished by:
- Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older;
- Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age;
- Life imprisonment or death if the kidnapping was for ransom; or
- Life imprisonment or death if the person kidnapped received bodily injury.
False Imprisonment in Georgia
False Imprisonment in Georgia is defined by the Georgia Code in O.C.G.A. § 16-5-41 as:
A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
Kidnapping and false imprisonment are both related offenses as a result of the legal elements. Both offenses are classified as felony offenses in Georgia.
The man in the story above is facing some very serious consequences if found guilty and convicted of the offenses that he has been accused of committing. If you or a loved one has been accused of committing a crime in the state of Georgia, contact our offices today.