Marietta Kidnapping Lawyer
Have you been charged with the crime of kidnapping?
Kidnapping is the unwanted taking away or transportation of an individual against their will, generally to hold them for a ransom or as a part of another crime. This form of false imprisonment can be very serious; the penalties for a conviction of this crime can range in severity depending on a number of factors surrounding the kidnapping. There are some cases where a non-custodial parent will come and take their child from school without obtaining consent from the custodial parent. In some cases this is a form of kidnapping.
There is one small difference between false imprisonment and kidnapping, this is that in order for a charge to be kidnapping as opposed to false imprisonment, the accused has to have moved the victim. This movement can be very slight however a prosecutor may have difficulty obtaining a kidnapping charge if the imprisoned individual was only moved from one room to another. False imprisonment is a felony with up to 10 years in prison for conviction. Kidnapping is considered a violent felony which carries at least 10 years in prison without parole for conviction of this crime.
Georgia Kidnapping Offenses and Penalties
Depending on the unique circumstances involved in your case, you may be prosecuted with kidnapping or with other similar offenses. According to the Georgia Code, the types of kidnapping or related charges that can be prosecuted include:
- False imprisonment
- Hijacking an aircraft or motor vehicle
- Interference with custody
- Trafficking of persons for labor or sexual servitude
The state of Georgia prosecutes kidnapping and all related offenses aggressively. While many of these crimes impose mandatory minimum prison sentences, it is not uncommon for overzealous prosecutors to push for the maximum penalties, especially when aggravating circumstances are involved. For standard kidnapping charges, Georgia code §16-5-40 imposes a minimum of ten year and a maximum of 20 years in prison when the victim is over the age of 14. Kidnapping of a minor under the age of 14 can result in a minimum of 15 years in prison. Defendants also face life imprisonment or death if the kidnaping was for ransom or if the victim received bodily injury.
Interference with child custody, Georgia Code §16-5-45, is also a common related kidnapping offense. This charge is typically prosecuted as a misdemeanor punishable by fines and imprisonment, including a minimum of one month and a maximum of five months for the first offense and a minimum of three months and a maximum of 12 months. A third conviction or a conviction that involves interstate travel is prosecuted a felony offense punishable by a minimum of one year in prison and a maximum of five.
Whatever you kidnapping charge may be, you can expect no leniency, vigorous prosecution and, often, minimum mandatory terms of imprisonment. With nearly two decades of experience and a commitment to protecting the freedom of our clients, The Merchant Law Firm is prepared to represent anyone who has been charged with kidnapping or a related offense.
Charged with kidnapping/false imprisonment? Get a Marietta criminal lawyer on your side!
If you have been charged with kidnapping then you will greatly benefit from the legal assistance of a Marietta criminal defense attorney from The Merchant Law Firm. We are a
criminal defense law firm that is dedicated to serving those who have been accused of criminal activities. We have successfully handled numerous cases in the past involving kidnapping and many other crimes. We will be able to answer your questions regarding your case, discuss your options with you, advise you of the best legal action for you to take and provide you with aggressive representation of your case in court if you choose to work with us.
Contact a Marietta kidnapping lawyer from our firm to discuss your charges and how our firm can help you.