Kidnapping is committed when a person abducts a person of otherwise holds a person against their will and without authority to do so.
For the offense to occur, the person must be moved in any slight way, even if it is just from one side of a room to another. However, that slight movement of the other person is not sufficient if the movement is merely incidental to some other offense.
The movement is not considered incidental to another offense it it:
- Conceals or isolates the victim;
- Makes the commission of the other offense substantially easier;
- Lessens the risk of detection; or
- Is for the purpose of avoiding apprehension.
Kidnapping shall be considered a separate offense and shall not merge with any other offense.
A person convicted of kidnapping shall be punished by:
- Imprisonment for not less than ten or more than 20 years if the victim was 14 years of age or older;
- Imprisonment for not less than 25 years, with a maximum sentence of life imprisonment if the victim was less than 14 years old. If the sentence is less than life imprisonment, the person convicted will have probation for life;
- Life imprisonment or death if the kidnapping was for ransom; or,
- Life imprisonment or death if the victim received bodily injury.
Kidnapping is considered one of the “Seven Deadly sins” which requires sentencing under O.C.G.A. 17-10-6.1.
Kidnapping is (obviously) an extremely serious charge which under the right circumstances, can warrant the state seeking the death penalty. It is also a charge that has a lot of caselaw background with numerous ways to raise a valid legal defense.
You need to have an experienced and fearless lawyer who will defend your rights and ensure that you are not convicted of a crime that you did not commit. You also need to have a lawyer that will not buy into the false overcharging of individuals in order to give the appearance of a “good deal” when a lesser charge is offered.
You need to hire ROY YUNKER LAW.