Roswell, Ga. - A three year old boy was reported abducted by his biological father was found and returned to his mother by 10:00 AM yesterday morning.
Georgians received Amber Alerts to their cellphones regarding the abduction of the toddler late Friday night. He was taken at gunpoint from an apartment complex on Holcomb Bridge Road. Police are still looking for the boy's father. No other details have been released yet.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of kidnapping as it is defined by Georgia Law in today's post.
Kidnapping in Georgia
O.C.G.A. §16-5-40 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.
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.
Although the man is facing some very serious charges, it is possible that he is not guilty of the offenses that authorities are claiming that he committed. Regardless of the offense, the basis of our criminal justice system is that everyone accused of a crime is to be presumed innocent until proven guilty in a court of law.
If you have been arrested for a crime, contact our offices now. We can help you today.