Marietta, Ga. - Cobb County officers arrested two men after they attempted to kidnap a woman in Marietta. One of the men allegedly beat up a woman in an attempt to get her into a vehicle. Police were able to arrive in time for the woman to escape while the men attempted to escape from the officers.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of kidnapping in Georgia.
Kidnapping in Georgia
Kidnapping in Georgia is defined in 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.
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.
Call our offices now if you have been arrested in the state of Georgia.