Hall County authorities have arrested Luis Flores after he has been accused of beating a woman, threatening and hurting two young girls, and attempting to stop another woman from calling 911.
Flores is facing ten different charges as of right now including multiple counts of:
- Cruelty to Children in Georgia (both first and third degree)
- Terroristic Threats in Georgia
- Aggravated Assault in Georgia
- And False Imprisonment in Georgia.
Flores allegedly pushed one of the young girls and threatened to snap her neck in front of the other child. According to reports, he threatened to kill one of the women, grabbing her by her throat and punching her multiple times. He has also been accused of forcing another woman to stay inside the home against her will and taking her cellphone from her so that she couldn't call the police.
As a Georgia Criminal Defense Lawyer, I will focus today on the law behind false imprisonment in Georgia as the criminal offense can be fairly confusing and detail-oriented.
False Imprisonment in Georgia
The Georgia Code defines the criminal offense of false imprisonment in Georgia 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.
Georgia False Imprisonment is considered a felony offense in our state. In order for an accused person to be convicted of false imprisonment, the prosecution must prove the accused person is guilty beyond a reasonable doubt. This can only be done by demonstrating that the accused person intended to confine the victim, and that the victim had no reasonable means of escape.
The penalty for a false imprisonment conviction in Georgia can include up to 10 years in prison, and if the victim is under the age of fourteen or if the imprisonment lasted for more than twelve hours, then the penalty will be exacerbated.
As a Georgia Criminal Defense Attorney, there are several different defenses that can be utilized in order to defend against a wrongful accusation of false imprisonment. Some of these defenses can include:
- The accused person's lack of intent.
- The alleged victim's reasonable way out.
- The alleged victim consented to the act.
- There was a lack of actual confinement or imprisonment.