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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: 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 and carries at least 10 years in prison without parole for conviction of this crime.

Contact The Merchant Law Firm today to receive aggressive defense on your behalf.

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:

  • Kidnapping
  • 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.

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.

Standard Kidnapping Charges

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

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.

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.

Why You Should Entrust Our Firm:

  • Respected Legal Commentator

    Ashleigh Merchant is frequently featured on local and national news media, where she is asked to share her commentary on major cases.

  • Super Lawyers Rising Star, Ashleigh Merchant

    Included in the 2014 Georgia Super Lawyers® Rising Stars℠ edition. This list is compiled after thorough peer reviews and nominations.

  • Repeat Rising Star Winner, John B. Merchant

    Named among the Georgia Super Lawyers® Rising Stars℠ for 2009 through 2011. The list includes 2.5% of attorneys in the state.

  • Earned "Superb" Ratings on Avvo - 10.0

    Both our attorneys have earned the prestigious 10.0 Superb score on Avvo, which is the highest rating an attorney can receive.

Former Client Testimonials

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  • “Ashleigh is easy to talk to and compassionate, she treats you like a personal friend...”

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  • “Jennifer and Ashleigh were always there to listen to my concerns and genuinely cared about my son and his case...”

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  • “Ms. Merchant was fierce when she argued my case...”

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  • “Merchant Law Firm are so easy to talk to and they always answer my questions...”

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  • “I will definitely be providing great reviews as well as referring anyone who may ever need help in this area of problems...”

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  • “She successfully helped me avoid jail and a DUI charge...”

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  • “Ashleigh was instrumental in helping me settle and dismiss my charges...”

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