DeKalb County Kidnapping Lawyer

McDonough Kidnapping Attorney

A dedicated criminal defense attorney utilizes their skills and knowledge of state and federal laws to provide a robust defense for a variety of criminal charges, including kidnapping. A person accused of kidnapping in Georgia is suspected of having committed a violent crime. It is highly recommended that they consult a DeKalb County kidnapping lawyer to get adequate legal representation.

At Miller North & Brill, we support clients who have been accused of kidnapping and other criminal offenses. Our seasoned criminal defense attorneys can offer the personalized attention your case deserves and mount an appropriate defense strategy in court.

What Constitutes Kidnapping in DeKalb County?

The charge of kidnapping may be brought up on its own or as a part of a list of charges made against a defendant. There may be some confusion regarding what kidnapping is, and it is important to understand what it constitutes and what it does not.

Georgia law defines kidnapping as a crime against a person where the person is abducted from a location against their will and without any legal authority. They are kept isolated or hidden. The law explains that this can be a “slight movement.”

There are specific situations when a kidnapping charge may not be applicable. These can include cases where there is false imprisonment or restraint without movement or in cases where a parent interferes with another parent’s custody of a child. All of these actions may still be criminal offenses and can be charged as separate crimes.

Kidnapping may not apply if a victim is moved during the commitment of a crime unless the victim is abducted and concealed or kept hidden in order to facilitate the commission of the crime. Thus, a person may or may not be charged with kidnapping in addition to other criminal charges if they have committed another crime.

Potential Punishment for Kidnapping in Georgia

Under Georgia law, kidnapping is considered a violent crime and thus a felony. Once convicted of the crime of kidnapping in Georgia, a defendant may face a range of punishments.

Georgia Code § 16-5-40 (2020) provides the following sentencing guidelines:

• The crime of kidnapping a person over the age of 14 is punishable by a prison sentence of 10 to 20 years.
• When the kidnapping is of a minor under the age of 14, the potential prison time is 25 years to life in prison with the possibility of probation.
• If the crime of kidnapping is committed for ransom, or if a kidnapping victim sustains bodily harm, the sentence can be life in prison or possibly capital punishment.

A DeKalb County prosecutor may choose to bring forth kidnapping charges alongside other charges based on the commission of other crimes. This may extend the potential number of years spent in prison in addition to the time served for other crimes.

Beyond the potential prison sentences following a conviction, facing a charge of kidnapping may put your liberty at risk if you are kept in jail while pending a trial.

Advantages of Working With a DeKalb County Kidnapping Lawyer

The United States Constitution affords defendants the right to legal representation when facing criminal charges. It is highly recommended when facing a serious charge like kidnapping that a person contacts a knowledgeable private DeKalb County kidnapping lawyer.

A private attorney can provide personalized, dedicated support for a client. They work tirelessly to help secure the most favorable resolution to a kidnapping charge.

They may be able to help in the following ways:

Attempt to Get Charges Dismissed: One of the first steps may be to attempt to dismiss kidnapping charges if the evidence does not support the charges or if your detention was unlawful.

Represent You in Trial: As a trial proceeds, an adept attorney can present a strong defense by providing evidence to introduce reasonable doubt to the prosecutor’s claims, ensuring that all potential appealable issues are properly documented. They may also fight to get a bond set so a defendant can await their trial without being in custody.

Negotiate a Plea Deal: Another way a skilled criminal defense lawyer can serve a client is by helping to negotiate a favorable plea deal and work out a reduced sentence or the dropping of additional charges by the prosecutor.

Advocate for a More Favorable Sentence: Not all cases are successful in court. A knowledgeable DeKalb County kidnapping lawyer may be able to advocate for a sentence at the lower end of the sentencing guidelines.

Having the support of an established criminal defense attorney is key to successfully navigating the criminal justice system and obtaining a favorable result when facing a kidnapping charge.

FAQs About DeKalb County, CA Kidnapping Laws

What Is Defined as Kidnapping?

Kidnapping is defined by Georgia Code § 16-5-40 as the intentional, slight movement of a person against their will and in an unlawful way. If, during the commission of another crime, a person moves another for the purpose of concealing them to facilitate the crime, kidnapping charges may also be added.

Is Kidnapping a Forcible Felony in Georgia?

Kidnapping is considered a forcible felony in Georgia and is one of many violent crimes that fall under this category. A forcible felony is a crime wherein the use of force or violence is threatened against a person. When a crime is defined as a felony, there are specific sentencing guidelines that apply to it, including life in prison and the possibility of capital punishment.

What Is the Minimum Sentence for Kidnapping in Georgia?

The minimum sentence for kidnapping in Georgia is ten years. This sentence is suggested in the case where the victim was over the age of 14. The sentence may be increased if it is not a first offense or if there are aggravating factors, including bodily harm to the victim or a ransom request.

What Is the Highest Sentence for Kidnapping?

In Georgia, the highest sentence for kidnapping may include capital punishment. It is up to the discretion of the prosecutor whether or not to pursue capital punishment for a kidnapping charge that presents aggravating factors, including death. Whenever capital punishment is not pursued, life in prison may be the highest sentence for kidnapping.

A DeKalb County Kidnapping Lawyer You Can Trust

Anyone facing a criminal charge like kidnapping deserves adequate representation in a Georgia court. Working with a DeKalb County kidnapping lawyer can be the difference between facing a lengthy prison sentence and securing your freedom.

Get the individualized attention you deserve from a dedicated criminal defense attorney at Miller North & Brill. Schedule a free consultation today.