According to reports out of Troup County, a lieutenant was sitting in his patrol car when he saw a car come to a stop suddenly, and a woman jumped out and ran to his vehicle.
The woman claimed that she had been kidnapped in Alabama. The police then started to follow the vehicle. This led to a high-speed chase across three different counties with the eventual arrest of Rubin Mack, a 40 year old man local to College Park.
In Georgia, Mack is facing charges of fleeing police, driving with a suspended license, speeding, reckless driving, and failure to maintain lane.
In Montgomery, Mack is facing charges of kidnapping and third degree domestic violence assault.
Even though Mack is facing kidnapping charges in Alabama, as a Georgia Criminal Defense Lawyer, I will explain the law behind the criminal offense of kidnapping here in Georgia in today's post.
Kidnapping in Georgia
Kidnapping in Georgia is defined by Georgia Law 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.
By law, the elements of kidnapping require that just a slight movement is sufficient to constitute the criminal offense of kidnapping. This slight movement is referred to as asportation. However, if the movement of the victim is incidental to the commission of another crime, then kidnapping has not occurred.
A kidnapping conviction comes with substantial penalties as it is classified as a felony conviction. 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 will receive longer prison sentences. However, a fourth felony conviction will carry a penalty of life in prison with no chance of parole.
As with any other crime, there are certain Georgia Criminal Defenses that can apply to a wrongful or improper accusation of kidnapping. If you or a loved one has been arrested, contact our offices today.
A Georgia Criminal Defense Attorney can walk you through the options that our office has to offer you for your case. Call now.