Robert Bohensky, a business owner in Milton, has been arrested on counts of false imprisonment, kidnapping, and rape in Georgia.
According to reports, the Forsyth County Sheriff's Office received a call from an unidentified woman's family requesting help. Her phone was tracked to Bohensky's home.
As a Georgia Criminal Defense Attorney, I will outline the two offenses that are the most correlated in the line of offenses Bohensky has been accused of committing.
False Imprisonment and Kidnapping in Georgia
According to Georgia Law, false imprisonment in Georgia is defined as:
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. O.C.G.A. § 16-5-41.
False imprisonment is classified as a felony in Georgia. The maximum penalty is ten years in prison - however, if the victim is under 14 years old, then the convicted person will be subject to harsher consequences.
False imprisonment shares a lot of qualities with kidnapping in Georgia. Kidnapping, however, is a more severe crime. By law, kidnapping is defined as:
A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.
The elements of kidnapping as laid out in Georgia law state that just a slight movement is sufficient to constitute a crime. That action is also called asportation. However, if the movement of the victim is incidental to the commission of another crime, then kidnapping has not occurred. Situations in which the action is not considered kidnapping but instead incidental to another crime include when it:
- Conceals or isolates the victim;
- Makes the commission of the other offense substantially easier;
- Lessens the risk of detection; or
- Is for the purpose of avoiding apprehension. O.C.G.A. §16-5-40.
Kidnapping is also classified as a felony in Georgia. The maximum penalty is twenty years in prison, but again, if the victim is under 14 years old, then the convicted person will be subject to harsher consequences.
Bohensky has been accused and arrested for some very serious offenses. In cases like these, it is often difficult to remember than no one is assumed guilty unless proved guilty beyond a reasonable doubt.
If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Lawyer today.