False Imprisonment Defense
False Imprisonment is a crime that is most commonly charged by prosecutors following a domestic dispute. It is incredibly common to see an indictment charging False Imprisonment and Battery - FVA. Once an allegation is made, prosecutors charge these crimes and move forward with the prosecution even if stories change or the alleged victim recants.
A common mistake people make in these cases is thinking that they can talk their way out of these crimes. It is not a good idea for anyone to just go talk to the investigator or law enforcement about their false imprisonment case. You should never talk to the cops if you are under arrest or under investigation NO MATTER WHAT.
False Imprisonment - O.C.G.A. § 16-5-41
A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
False Imprisonment Explained
Georgia's false imprisonment law is one of the more straight forward crimes in the state. In that the language of the law is simple and there is little confusion as to what it means. Essentially, any time a person keeps, holds, or prevents someone from leaving somewhere against their will, then they may be charged with False Imprisonment.
A man and woman are in an apartment. After eating dinner the man grabs the woman's phone and asks for the passcode. She refuses to give the passcode and goes to the bathroom. Upset, the man follows her to the bathroom blocks the doorway and demands that he will let not let the woman leave the bathroom.
Someone enters a room of the own accord. While in the room someone else locks them inside of the room and prevents any forms of escape from that room.
How Much Time Can You Get For False Imprisonment?
In general, the range of punishment for false imprisonment is one year to ten years. That term of punishment could be served in prison, on probation, or even be suspended by the judge.
If the Victim is Under the Age of 14
There is enhanced punishment if convicted where the victim is under the age of 14. If so, then the person convicted is also subject to being sentenced as a "sexual offender" under Georgia law. The effect of that is, among other things, absent consent from the prosecutor that the judge cannot probate any portion of the minimum sentence and the defendant cannot be sentenced as a first offender.
Being convicted of false imprisonment will have a tremendous impact on your life. Being a felon will impact your second amendment right to bear arms, your right to vote, and many other things. Don't give in.
Contact us today. Come meet with Ryan and let him fight for you. You must fight these charges. Don't Fight Alone.