Have you Been Charged with Malicious Confinement of a Sane Person in an Asylum in Georgia?
Malicious confinement of a sane person in an asylum is often seen in movies and television shows. What is not seen are the consequences a person faces for confining a sane person. Long prison terms accompany this type of crime, and it is crucial to retain an attorney that can help you with your case. The Offices of Lawson and Berry have over 50 years of experience in criminal law and are here to help you. A charge is not the same as a conviction so do not waste any time in contacting us!
Georgia law O.C.G.A. § 16-5-43 on Malicious Confinement of a Sane Person
A person who maliciously causes the confinement of a sane person, knowing such person to be sane, in any asylum, public or private.
What Has to be Proven to be Convicted?
To be convicted of malicious confinement of a sane person in Georgia, the State must demonstrate that the accused is guilty beyond a reasonable doubt. Furthermore, this involves showing the accused maliciously caused the confinement and that they knew the person to be sane.
It is your Attorney's job to poke holes in the arguments of the defense and to establish that you lacked the requisite intent to commit the crime.
Penalty for Malicious Confinement of a Sane Person in an Asylum in Georgia
A conviction for the malicious confinement of a sane person in Georgia will be punished by a prison term between one and ten years. It will be a felony conviction.
Lack of knowledge that the person was sane: The statute requires that the individual knows the victim is sane. Therefore, any evidence that demonstrates that the defendant was under the impression, even if wrong, that the person was insane could help acquit them of the charges.
The confinement was not malicious: Evidence that the confinement was not cruel would be beneficial.
Unintentional confinement: If the confinement was accidental and not malicious, your Attorney could use that to argue you are not guilty of committing the crime of malicious confinement.
What are Not Defenses
The confinement was in a private place. The statute allows for the detention to be in a public or private asylum. Therefore, even if it were private, it would not be an adequate defense.
The victim was not injured. Georgia law does not require that any injury happen to the victim that is confined. Mere evidence that they were confined will be sufficient for a conviction.
Having competent representation is of up the utmost importance when facing a criminal charge. Your Georgia Attorney will investigate all the details surrounding your case and evaluate your options. They will be available all the time to you – even nights and weekends – because your case is important. Lawson and Berry and their team of experienced Georgia Criminal Defense Lawyers will work with you to fight your charge and avoid a conviction. Call today and schedule a free consultation.