Texas Man Arrested for Kidnapping Toddler and Murdering Man in Georgia

A Texas father has been arrested in Georgia after being accused of fatally shooting a man and kidnapping his own son.

He took the child from a residence. And he was also accused of shooting a man in the same residence. The man was taken to a local hospital, but unfortunately, he died from his injuries.

Although the man is facing charges of both aggravated assault and murder in Georgia, as a Georgia Criminal Defense Lawyer, I will outline the offense of kidnapping in the state of Georgia.

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). 

In Georgia, even a slight movement is enough to constitute the crime of kidnapping. 

As with any other crime, in order to be convicted of kidnapping, the state of Georgia will have to prove that the accused person is guilty beyond a reasonable doubt. If he or she 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.

Practice Note

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