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Atlanta Kidnapping Attorney

Kidnapping is considered a violent felony and carries at least 10 years of prison time without parole in Georgia. If you are facing kidnapping charges, you need aggressive defense to help you obtain the best possible outcome. Contact a kidnapping attorney Wallack Law in Atlanta today to learn about your legal options.

Why Choose Wallack Law?

  • We are honest and frank with our clients in the legal counsel we provide. We will work hard to offer you the best available options and educate you on those options. You will be the one to ultimately determine the option we pursue.
  • Founding attorney Sanford A. Wallack has extensive knowledge in the field of criminal defense. He has been practicing in the Atlanta metro area for 25 years. Our firm has been established for 15 years.
  • We focus our practice exclusively on criminal defense. We provide personalized service to every client and an innovative, out-of-the-box approach to every case.

How Is Kidnapping Defined?

Generally, kidnapping is taking another person against that person’s will and confining him or her to a controlled space. In Georgia, kidnapping is considered a separate crime and is not merged with other offenses. For kidnapping to be charged, there must have been slight movement. However, slight movement of another person that occurs in the commission of a different offense does not constitute the act of kidnapping if it is only incidental to the other offense. Movement is not considered merely incidental if it:

  • Conceals or isolates the victim;
  • Makes commission of other offenses substantially easier;
  • Lessens the risk of detection; or
  • Is done for the purpose of avoiding apprehension.

What Are the Penalties for Kidnapping?

Conviction of kidnapping carries penalties of prison time as follows:

  • 10 to 20 years for kidnapping of a victim 14 years of age or older;
  • Life imprisonment or 25 years to life, followed by probation for life, for kidnapping of a victim less than 14 years old;
  • Life imprisonment or death if the kidnapping was for ransom; and
  • Life imprisonment or death if the victim received bodily injury.

What Are Some Defenses to Kidnapping Charges?

We evaluate each case we handle individually for possible defenses. Some defenses against kidnapping charges include:

  • The victim was not moved: Although the accused may still face a charge of false imprisonment if an individual was confined against his or her will, there cannot be a conviction of kidnapping if the victim was not moved.
  • Consent: Any consent by the victim to be taken establishes a defense to kidnapping, which requires taking against the victim’s will.
  • Protecting a child from imminent harm: If the accused took, detained, or concealed a child under the age of 14 to protect that child from danger of imminent harm, he or she will not be convicted of kidnapping.
  • Innocence: Witness testimony demonstrating that the evidence against the defendant is not correct can be a major benefit to a kidnapping case.
  • Mistake: If a police officer or person acting under the authority of the law mistakenly believes he or she has the right to capture a victim, that is a defense against kidnapping charges.

Get In Touch with Our Firm

Kidnapping is a serious offense that requires aggressive criminal defense. If you are facing kidnapping charges, call Wallack Law in Atlanta right away to get an experienced criminal defense lawyer on your side.