False Imprisonment

What Is False Imprisonment?

A charge of false imprisonment may be applied when a person holds another person against their will. An example would be a domestic situation where a person blocks a door and refuses to let another person leave the dwelling. False imprisonment is unlike kidnapping which includes the element of moving a person from one location to another location.

False imprisonment in Georgia is generally defined as the unlawful confinement, or detention of a person without legal authority, which deprives or restricts them of their physical freedom.

Defense Strategies for False Imprisonment Charges

Firstly, the prosecution must establish that the defendant is guilty beyond a reasonable doubt. There are two key points to contest: 1. The defendant acted with the deliberate intent to confine the victim, and 2. The victim had no reasonable options to leave the premises.

False Imprisonment Punishments

An allegation of False Imprisonment can be pursued as both a felony charge and a civil matter. A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.

Aggravating factors can increase the severity of any punishment. Notably, if the false imprisonment continued for over 12 hours, or if the victim was under 14 years old (and not a child of the defendant). Other crimes such as domestic violence or obstructing a 911 call can also add to the severity of the total punishment.

Georgia Law: O.C.G.A. § 16-5-41

Click the following link to see the full law for False Imprisonment in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

Contact a False Imprisonment Attorney

If you are being investigated for, or charged with, false imprisonment we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. Get control of your situation. Call 678-880-9360 to schedule a free consultation with a criminal defense attorney.