Georgia Criminal Defense Blog

Closer Look at the Law Behind False Imprisonment in Georgia After Family Violence Incident in Hall County

Posted by Richard Lawson | Sep 06, 2018 | 0 Comments

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:

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. 

Practice Note 

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. 

If you or a loved one has been charged with a crime in Georgia, contact us today. We can investigate your case and determine which Georgia Criminal Defenses apply. 

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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