17-year-old, Japorcha Wilson, was reported missing last Thursday after being seen with two men at a home on Booker Street in SW Atlanta. Atlanta Police thought she might have been kidnapped by the two men.
However, Wilson was located last night, and investigators are working with her to determine her disappearance. As of right now, neither of the men are facing any criminal charges.
As a Georgia Criminal Defense Lawyer, I will focus on the criminal offense of kidnapping as to provide a little more clarity as to what the two men were suspected of doing.
Kidnapping in Georgia
Kidnapping in Georgia is defined by the Georgia Code 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.
Georgia Law dictates that just a slight movement is sufficient to constitute the kidnapping. The action of slight movement is also called asportation. However, if the movement of the victim is incidental to the commission of another crime, then kidnapping has not occurred.
A kidnapping conviction is classified as a felony conviction. The penalty for kidnapping a victim who is 14 years or older includes a prison sentence 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 sentence starting twenty years but less than life with probation for life after release from prison.
Repeat offenders or subsequent convictions will receive longer prison sentences.
As a Georgia Criminal Defense Attorney, it is necessary for me to point out that felony convictions should not be taken lightly. In fact even a misdemeanor conviction can have an impact on your life. This is where we can help.
Hiring an attorney who is well practiced in Georgia Criminal Defense is important if you have been arrested in Georgia. We are familiar with the different jurisdictions in Georgia and can help with your case. Contact us today.