False imprisonment is the unlawful detention of another individual against their will. The forcible restraint comes at the risk of harming or killing the individual.

What Is False Imprisonment in Georgia?

False imprisonment in Georgia is defined as a person violating the personal liberties of another by doing any of the following to a victim without legal authority:

  • Confining
  • Arresting
  • Detaining

What Does False Imprisonment Under Color of Legal Process Mean?

False imprisonment under color of legal process happens when a police officer knowingly commits the crime of false imprisonment by illegally using a warrant, an aspect of the legal process, or mandate to detain, arrest, or confine the victim. The illegal use of the legal process, a mandate, or a warrant must be done in a manner that shows malice and oppression, and not just be an honest mistake or accident.

Is False Imprisonment the Same as Interference with Custody in Georgia?

No. Interference with custody is the act of recklessly or knowingly enticing or taking a child or committed individual away from someone who has lawful custody. It is also the act of harboring a child who has run away. Under this crime, the child is free to leave at any point, meaning that they are not being arrested, detained, or confined against their will.

What Is the Penalty for False Imprisonment in Georgia?

The criminal punishment in Georgia for both false imprisonment and false imprisonment under color of legal process is one to 10 years in prison. However, if the victim is under 14 years of age and is not the defendant’s child, then the punishment will include a year of probation in addition to the prison sentence.

Do I Need an Attorney for Help with My False Imprisonment Charge in Georgia?

Yes. Immediately contact a Georgia criminal lawyer for help with your criminal charge. Your criminal attorney will explain your defense options and how to proceed with your case.