Kidnapping O.C.G.A. 16-5-40
Defend Yourself in an Atlanta Georgia Kidnapping Charge With A Yeargan & Kert, LLC Attorney
In Atlanta Georgia, there is a difference between false imprisonment and kidnapping. False imprisonment involves placing a person in an area without their consent. They cannot leave that area. For instance, a person shoves a victim in a closet and locks the door. They cannot get out. This is an example of false imprisonment. If you are charged with either offense, you need the help of an experienced and skilled criminal defense lawyer from Yeargan & Kert, LLC.
Georgia statute 16-5-40 Defines Kidnapping as Abducting an Alleged Victim
You or your loved one was charged with kidnapping, not false imprisonment. This criminal charge does involve taking a victim without their consent. However, the state defines the crime as stealing or abducting an alleged victim without lawful authority to do so. You are also not allowed to hold a person against their will.
Movement is a Major Element in an Atlanta Georgia Kidnapping Charge
Movement refers to taking an alleged victim away or abducting them. In other words, kidnapping involves taking an alleged victim from one place to another. It does not matter if the movement is slight. Slight movement can involve taking the alleged victim a couple of feet or from one room to another.
It does not matter where you allegedly took the victim. What matters is that you allegedly took the victim from one place to another without their consent.
The Criminal Punishment for Kidnapping In Atlanta Georgia depends on Circumstances Surrounding the Charge
Kidnapping is a felony charge. If you are convicted of the crime, you can spend 10 to 20 years in prison if the victim was older than 14 years old. However, sentences do vary. For example, possible penalties include:
- A split sentence of 25 years to life if the victim was under 14 years old. You will receive probation for life after getting out of prison.
- Life in prison or death if the kidnapping was done to obtain a ransom
- Life imprisonment or death if the kidnapping caused bodily harm to the alleged victim
Defending Your Kidnapping Case in Atlanta Georgia: Yeargan & Kert, LLC
You may not be found not guilty of kidnapping in Atlanta Georgia if the alleged victim consented to the movement. Remember, the moment is the hallmark of a kidnapping charge. If the alleged victim gave their permission to from one location to another, it is not a crime. It is up to you to prove the alleged victim did not leave against their will. If you do, then you may be able to avoid criminal liability.
You also have other defenses to this charge. These defenses include:
You did not move the alleged victim. Again, the main difference between false imprisonment and kidnapping is that the alleged victim was moved from one place to another. The moment, even the slightest movement, makes you guilty of kidnapping. If you can prove the alleged victim was never moved from one place to another, you may be able to prove you are innocent. Yes, the defense does require you to admit that you kidnapped the victim. However, your goal is to negate the movement element.
Mistaken identity is another defense. You are not guilty because you were not there. The alleged victim believes you were there and kidnapped them. However, it was not true. It is up to you to prove that someone else actually committed the crime, but you are being blamed for it.
You have an alibi. You were not there. This is the basics of the defense. You prove that at the same time and date the alleged victim was kidnapped, you were there. This is a form of the actual innocence defense.
The actual innocence defense is that you did not commit the crime at all. You may not an alibi, but you have another way to prove that you are innocent.
Lack of evidence is the type of defense that makes the state show their evidence. You claim they do not have the evidence to take the case to court. You challenge the evidence and tell them they have no evidence. If they do not, they make drop the charges. It really depends on how weak their evidence is against you.
Insufficient evidence is different than lack of evidence. Insufficient evidence means the state does not have the proper evidence to convict you or a crime. This is another way to get the charges dropped against you.
Contact Yeargan & Kert, LLC about Your Atlanta Georgia Kidnapping Charge
Kidnapping is a serious offense because you are accused of taking an alleged victim away. According to prosecutors, the reason may be to commit another crime or ask for ransom.
Kidnapping is a separate offense, according to state law. You can be charged with kidnapping and another crime depending on the facts of the case. This is important because some criminal charges merge into one charge. Since kidnapping does not merge, we may have to build multiple defenses to fight a kidnapping charge.
If you are facing a kidnapping charge, understand the common defenses you can use in your case. Common defenses include innocence and consent. Innocence means that you show the jury that you did not commit the crime. You may include the defense of an alibi too.
A lot of times the consent defense is used. The consent defense means the alleged victim voluntarily went with you or agreed to be kidnapped.
We will discuss more about your specific defenses during your free case evaluation. We are ready to help you prove your innocence and make this kidnapping charge just a memory. Contact Yeargan & Kert, LLC today.