A man has been arrested in DeKalb County on the following charges:
- False Imprisonment in Georgia
- Aggravated Assault in Georgia
- Theft by Receiving in Georgia
- Criminal Damage to Property in Georgia
According to reports, police arrived to a residence in DeKalb County last week in response to a domestic situation. They allegedly heard gunshots, and Jerome Horne exited the home with his wife holding a firearm to her head.
A SWAT Team was called and eventually took Horne into custody.
As a Georgia Criminal Defense Lawyer, I will outline one of the offenses Horne is facing in today's post.
False Imprisonment in Georgia
The Georgia Code defines 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.
False Imprisonment is very similar to Kidnapping in Georgia - however, kidnapping involves movement of the victim.
In order to be convicted of False Imprisonment, the state of Georgia must prove that the accused person not only had the intent to confine the alleged victim, and that the victim had no reasonable means of escape.
False Imprisonment is classified as a felony. The penalty can include up to ten years in prison.
There are many different Georgia Criminal Defenses that can negate a charge of False Imprisonment. These defenses include but are not limited to:
- The accused person lacked the required intent to confine the alleged victim.
- There was a reasonable means of escape or way out for the alleged victim.
- The victim consented to being confined.
- There was no actual confinement of the alleged victim.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney today.