In Georgia, kidnapping is a felony carrying 10–20 years in prison if the victim is 14 or older, and life if under 14. False imprisonment carries 1–10 years. A Newnan kidnapping lawyer can fight to challenge the evidence and protect your rights.
It doesn’t take a ransom demand or crossing state lines to get charged with kidnapping Just moving another person slightly without their consent can trigger a felony that carries 10 to 30 years, or life imprisonment.
At J. Ryan Brown Law, we defend people charged with kidnapping, false imprisonment, and related serious felonies in Newnan and throughout Coweta County. We understand the law, the local courts, and the life-altering consequences that come with these allegations. Whether you’re being overcharged, wrongly accused, or misunderstood—we’re here to fight for your future.
Under Georgia law, a person commits kidnapping when they:
“Abduct or steal away another person without lawful authority or warrant and hold such person against their will.”
That’s it. There is no requirement that you move the person far, that you restrain them for long, or that you use a weapon. Even slight movement of another person without consent can qualify, as long as it is not merely incidental to another crime.
Georgia courts call “abudct(ing) or steal(ing) way” asportation. When evaluating whether asportation happens, the court will consider a number of factors, including:
This is why battery, assault, or domestic violence cases often result in added kidnapping charges, especially when an argument moves from one room to another or someone is pulled into a car.
Georgia treats kidnapping as a non-merging, continuous felony—meaning it doesn’t get absorbed into other charges and can be prosecuted in any county where control over the person occurred.
Here’s how sentencing breaks down:
In addition to prison time, sentencing may trigger:
False imprisonment is a separate felony offense that’s often charged alongside or instead of kidnapping.
A person commits false imprisonment when they:
“Arrest, confine, or detain another without legal authority.”
Unlike kidnapping, movement is not required. If someone blocks a door, holds a person down, or refuses to let them leave—even temporarily—they could be charged with this felony.
To convict you of kidnapping or false imprisonment, the prosecution must show:
They must also prove the movement or detention was not justified—that it wasn’t self-defense, parental discipline, or done with legal permission.
In high-stakes cases like these, intent matters, and so does the context—and that’s where a strong legal defense begins.
At J. Ryan Brown Law, we tailor every defense to the facts of the case. But here are the most common—and often successful—strategies we explore:
If the alleged victim voluntarily went with you, remained with you, or never expressed the desire to leave, we argue that there was no abduction, no confinement, and no crime.
We often fight kidnapping charges by proving that any movement of the alleged victim was incidental to another crime (such as a fight or argument), and not enough to constitute kidnapping under § 16-5-40(b).
In cases involving children or family members, we may show that you had a lawful right to control or transport the person involved—particularly in custody or domestic situations.
False imprisonment requires proof that you intended to confine the person. If this wasn’t the case—if there was confusion, intoxication, or a miscommunication—it could be a strong defense.
These cases often hinge on the word of one person versus another. We scrutinize the credibility, bias, or motives of the alleged victim to challenge the state’s narrative.
If the arrest was unlawful, if your Miranda rights weren’t read, or if the search and seizure was unconstitutional, we may seek to have key evidence excluded.
We’ve seen kidnapping and false imprisonment charges arise from:
In many of these cases, the defendant never intended to “kidnap” anyone—but overzealous prosecutors pile on charges to increase pressure for a plea.
Georgia law enforcement and prosecutors will stack charges. In a case involving kidnapping or false imprisonment charges, it is common for law enforcement and prosecutors to charge the suspect with multiple offenses at once.
That means you could be charged with:
…all based on a single incident.
This legal stacking often results in facing decades of prison time and a big decision when it comes to whether or not to go to trial. This must bechallenged by an experienced defense lawyer.
Coweta County
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Kidnapping and false imprisonment cases aren’t like most other felonies. They involve emotional testimony, high-stakes sentencing, and often a misunderstanding or overreach by law enforcement.
We don’t flinch at serious charges. We know how to:
We don’t just defend you—we fight to keep your future intact.
Whether you’ve been falsely accused, overcharged, or misunderstood, don’t wait. Kidnapping and false imprisonment charges carry life-altering penalties, and the state is already building a case against you.
Call J. Ryan Brown Law or request a confidential consultation now.
Your life. Your liberty. Your side of the story. Let’s defend all three.
