Calvin Roberts and Bernard Arnold have been arrested for abducting a man from Coweta County and holding him against his will from last Sunday until Tuesday morning.
Roberts and Arnold are facing charges of:
- Aggravated Assault in Georgia
- Kidnapping in Georgia
- Violation of Probation in Georgia
- False Imprisonment in Georgia
According to reports, the two men allegedly beat the victim with a handgun, dragged him to their car, took him to their home, and held him there for three days.
Both Roberts and Arnold are in Coweta County Jail and have been denied bond as of right now.
As a Georgia Criminal Defense Lawyer, I will focus on the offense of false imprisonment in today's post. It is not a common crime, but these offenses do happen, and it's important to understand the legal elements of the offense.
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 classified as a felony in Georgia. The penalty if convicted can include up to ten years in prison and fines.
The penalty is heightened if the victim was a child under the age of fourteen or if the imprisonment lasted for more than twelve hours.
Practice Note
Crimes such as false imprisonment can also result in a civil suit where the victim sues for damages. The victim could bring a suit to recover monetary damages. These damages can include compensatory damages, liquidated exemplary damages, and court costs.
As you can see, a conviction for false imprisonment comes with a lot of consequences. If you or a loved one has been charged with a crime in Georgia, you need representation by a Georgia Criminal Defense Attorney.
We will investigate your specific case and determine which Georgia Criminal Defenses may apply. There are certain defenses that commonly apply to a false imprisonment charge. These defenses include but are not limited to:
- Lack of Intent
- Reasonable Way Out
- Consent
- Lawful Imprisonment
- Lack of Actual Confinement
Again, if you or a loved one has been charged with committing a criminal offense in Georgia, contact our offices today.
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