Georgia Criminal Defense Blog

Recent Georgia Case Demonstrates Assault, Battery, and Kidnapping

Posted by Richard Lawson | May 15, 2018 | 0 Comments

Timothy Adams was arrested and accused of assault, battery, kidnapping, damage to property, and obstruction on this morning in Hall County.

According to reports, Adams allegedly grabbed a woman by her hair and forced her into the passenger seat of her own car. He then is reported to have gained control of the vehicle and drove her a couple of miles down the road. 

He also allegedly threatened her with a knife and would not allow her to call police. 

Apparently, Adams and the female victim are acquaintances, however, no other details about the nature of their relationship have been released as of yet.

Adams was arrested without incident and booked into the Hall County jail. 

Today, I'd like to examine assault, battery, and kidnapping because they are charges that tend to go together in incidents such as the one above.

As a Georgia Criminal Defense Lawyer, I'd like to remind my readers that just because someone has been accused of a crime does not mean they are guilty of committing that crime. In order for Adams to be convicted, the state of Georgia will have the burden of proving that he is guilty of the alleged crimes stated above beyond a reasonable doubt.

Assault in Georgia

Georgia law defines assault in Georgia as:

A person commits the offense of assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. O.C.G.A. §16-5-20.

If someone is found guilty and convicted of assault, then he or she will be convicted of a misdemeanor. 

The penalty can include jail time of up to 12 months and up to $1,000 in fines.

Battery in Georgia

Georgia law defines battery in Georgia as:

A person commits the offense of battery when he or she intentionally causes substantial harm or visible bodily harm to another. O.C.G.A. §16-5-23.1.

If someone is found guilty and convicted of battery, then he or she will be convicted of a misdemeanor.

The penalty can include jail time of up to 12 months and up to $1,000 in fines.

Kidnapping in Georgia

Georgia law defines 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. 

If someone is found guilty and convicted of kidnapping, then he or she will be convicted of a felony. 

There are different types of punishment for this felony charge depending on the circumstances.

  • If the victim is 14 or older, the prison sentence is between ten and twenty years.
  • If the victim is younger than 14, the prison sentence is heightened to either a life sentence or a minimum of twenty years with probation for life after release. 
  • If the kidnapping was for a ransom or if any bodily injury occurred to the victim, the prison sentence will be for life or the death penalty is also an option.

If you or a loved one has been accused of a crime in Georgia, contact a Georgia Criminal Defense Attorney today. We can evaluate your case and see what Georgia Criminal Defenses apply to your case.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

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