Interference With Custody: Felony Statute of Limitations in Georgia Law
In Georgia, interference with custody is a crime. Depending on the circumstances, interference with custody may be either a felony or a misdemeanor. This results in different consequences and also different statutes of limitations. The statute of limitations determines how much time the state has after a crime has occurred to bring criminal charges on that crime. Once the statute of limitations has expired, no charges may be brought.
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Definition
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In Georgia, interference with custody occurs in three situations. The key to each is that the child is being illegally kept from his legal guardian. If you knowingly or recklessly take a child from the person who has legal custody of that child, then you have committed interference with custody. Alternatively, if you harbor a child that has run away without giving her back to the lawful guardian, you are also committing interference with custody. Finally, if you have a legal visitation period with a child but fail to return the child at the end of that period, you have also committed the crime.
Misdemeanor
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Most cases of interference with custody are misdemeanors under Georgia law. For a first or even second offense, the defendant will be charged with a misdemeanor. Misdemeanors are not as serious as felonies and have milder consequences. First offenses have easier punishments than second offenses, but in either case, no more than one year jail time may be sentenced or more than $1000 in fines.
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Felonies
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Felonies are serious crimes that come with harsher sentences than misdemeanors. Under Georgia law, someone guilty of interference of custody will spend no less than one year -- and perhaps as many as five years -- in prison. There are two ways to be guilty of felony interference of custody in Georgia. One is to commit ordinary interference of custody for a third time. While the first two offenses will be misdemeanors, the third offense will be graded up to a felony. The other way to be guilty of this felony is to take the child across state lines. Even on a first offense, interstate interference of custody will be considered a felony.
Statutes of Limitations
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In order to be convicted of interference of custody, prosecutors must bring criminal charges within the statute of limitations. Under Georgia law, all misdemeanors have a two-year statute of limitations. This means that on either a first or second offense of misdemeanor interference of custody, charges must be filed within two years of the crime occurring. Since the effects of these offenses are cumulative, getting charges filed in time can mean the difference between a felony or misdemeanor charge in the future. Felonies have a statute of limitations of four years. This allows police and prosecutors to form a stronger case, ensuring that those who commit this offense are sentenced fairly.
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References
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