Your Marietta Kidnapping Lawyer
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Hire a Marietta Kidnapping Attorney
Are you or your loved one facing possible kidnapping charges? Kidnapping is taken as a serious criminal offense in Georgia, and a conviction carries grave consequences.
According to O.C.G.A. § 16-5-40, kidnapping is the abduction or stealing away another person. The act must be done without lawful authority or warrant, i.e., holding such a person against their will. Even the slight movement of the victim is enough to uphold a kidnapping charge. Furthermore, kidnapping leads to a felony charge punishable by a minimum sentence for kidnapping is ten years, and it can go up to life imprisonment or the death penalty.
The Waltman Firm understands what is at stake in a kidnapping charge. A felony lawyer from our firm can offer you the help you need to face those criminal charges.
Georgia Code Provisions on Kidnapping
Movement is a critical element of the offense of kidnapping which distinguishes it from other similar offenses like false imprisonment. As such, the law defines which sorts of movement of the victim can be said to be kidnapping and which would not. A movement will not be kidnapping if it happens during the commission of another offense. This is as long as the movement is merely incidental to that offense.
In O.C.G.A. § 16-5-40(b)(2), it states that movement will not be deemed to be incidental if it:
- Hides or isolates the victim
- Makes the other offense substantially easier to commit
- Reduces the risk of detection
- Done to avoid apprehension
Penalties
The punishment for kidnapping depends on the victim’s age and other factors. O.C.G.A. § 16-5-40(d) prescribes the punishment as follows:
- Imprisonment for ten to 20 years if the victim was 14 years of age or older
- Life imprisonment or a split sentence where the offender is imprisoned for not less than 25 years followed by probation for life if the kidnapping involved a victim who was less than 14 years old
- Imprisonment for life or death if the kidnapping was for ransom
- Imprisonment for life or death if the victim received bodily injury due to assault or aggravated assault.
Aggravating circumstances like recidivism could make the punishment more severe. Furthermore, accused persons convicted of kidnapping are subject to the provisions of O.C.G.A § 17-10-6.1 and O.C.G.A § 17-10-7. These sections contain the sentencing procedure and punishment for first-time and repeat offenders. Among other things, these sections provide that:
- A first-time offender of kidnapping doesn’t qualify under the Georgia First Offenders Act
- The minimum mandatory sentences are not to be suspended, stayed, probated, withheld, or deferred.
- Offenders whose death sentence was commuted to life in prison will not be eligible for parole or early release until they serve at least 30 years in prison. Their minimum term cannot be reduced by any sentence-reducing measures.
- Repeat or subsequent offenders with previous convictions for serious violent felonies will be subject to imprisonment for life without parole.
Parental Kidnapping in Georgia
It is a common scenario for the parent with child custody in a divorced marriage to accuse the other parent of kidnapping their child. Parental kidnapping falls under the offense of interference with custody provided for in O.C.G.A § 16-5-45.
Parental kidnapping can occur in the following situations, as inferred from the Georgia Code:
- Where the other parent takes the child away from their lawful custodian
- Where a non-custodial parent keeps the child beyond the lawful visitation period
- Where the other parent harbors a child who ran away from their lawful custodian
An exception to the last point above is where there is reasonable cause to believe the child is a victim of domestic violence. Where such reasonable cause exists, the person harboring the child is expected to report the incident to the appropriate authority. If the abuse is proven, the other parent could go to jail for domestic violence and lose their custody.
Interference with custody is a misdemeanor unless it is a third offense, in which case it becomes a felony charge.
Why You Need a Marietta Kidnapping Lawyer
If you find yourself facing a kidnapping charge in Marietta, Georgia, hire an attorney. Facing such charges without the aid of a skilled attorney can be disastrous. There are multiple reasons why retaining a Marietta kidnapping lawyer is vital, including:
Knowledge and Experience
Kidnapping laws are complex. It takes one who is trained and experienced to skillfully maneuver and use them to your advantage. Marietta’s kidnapping lawyers possess a deep understanding of Georgia’s state laws. They are also familiar with the complexities of kidnapping cases.
Attorneys are familiar with the processes and practices in local courts. This gives them unique insight into the potential strategies of the prosecution. They can assess the case against you and identify any weaknesses or missteps. Then they can formulate a robust defense strategy.
An experienced attorney may be able to get your charges reduced or dropped completely.
Protection of Rights
A kidnapping lawyer will ensure that your rights are protected throughout the legal process. They can challenge instances of illegal procedures and breaches of due process. An example is when an interrogation is conducted without the proper recitation of Miranda rights. A strong defense lawyer can provide a shield against overreaches of the law. If a violation of your rights takes place, your lawyer could use it to tip the case in your favor.
Negotiation Skills
Lawyers are skilled negotiators. They can negotiate with the prosecution to reduce your charges or sentence, such as reducing a kidnapping charge to a lesser one. Negotiations could also involve arguing for a lower sentence based on mitigating factors.
Remember, a judge may waive the minimum mandatory sentence when the prosecution and defendant have agreed on a lower sentence. As such, having a lawyer who is skilled at negotiation is vital.
Choosing the Right Marietta Kidnapping Lawyer
Facing kidnapping charges in Marietta, Georgia, is a life-altering event, and the potential penalties are severe. Also, the stress and uncertainty surrounding such a charge can be overwhelming. It is in these situations that experienced criminal defense attorneys become invaluable.
The importance of choosing the right attorney cannot be overstated. It is essential to look for a lawyer with significant experience handling kidnapping cases in Georgia. You should seek an attorney who can provide personal attention to your case, explain the legal process clearly, and build a strong defense on your behalf.
The Waltman Firm: Marietta Kidnapping Lawyers
When it comes to Marietta’s kidnapping lawyers, The Waltman Firm easily stands out. Our team of skilled legal professionals is committed to providing you with excellent defense.
Our lawyers are well-versed in Georgia’s kidnapping laws and have a proven track record of successful case outcomes. We believe in a client-centered approach and ensure you receive personalized attention. We’ll fight tirelessly to uphold your rights and strive for the best possible outcome.
Remember, the right legal counsel can make all the difference. If you or a loved one is facing kidnapping charges in Marietta, consult us today to ensure you have the best possible defense.
