Particularly if you have no prior convictions, the judge may choose to sentence you to a probation term of 5 years instead of sending you to prison. ARTICLE 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES § 16-5-41 - False imprisonment O.C.G.A. To establish a claim of false imprisonment in criminal court, a state prosecutor must decide if the elements of false imprisonment have occurred to support a case. In a criminal case, the state prosecutes the perpetrator, and if found guilty, the court sentences … Your Georgia False Imprisonment Attorney's job is to create doubt and point out holes in the State's argument. False imprisonment is a legal term that refers to the restraining of a person without legal authority or justification. … Where false imprisonment is insignificant compared to other offenses committed in the same incident, an increased sentence for false imprisonment other than that provided under a statute is excessive. Pub. False imprisonment (a) 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. Because unlawful imprisonment in the first degree is a class E felony the maximum possible prison sentence is 4 years. This can involve the use of force, unlawful restraint, bodily injury, traveling a substantial distance, and crossing state borders. Sentence. For purposes of false imprisonment, “violence” means physical force greater than … 16-5-41 (2010) 16-5-41. If a court imposes a punishment that the law does not permit, such sentence will be void. False imprisonment becomes a felony under California Penal Code § 236 PC, however, if you restrain, detain or confine someone by: • violence, • menace, • fraud, or • deceit. The offence of false imprisonment. Like false imprisonment, the penalties can increase with aggravating circumstances, such as if the kidnapper was seeking a ransom or took a child. Civil Claims Another important distinction between kidnapping and false imprisonment is that the latter gives rise to a potential civil claim against the offender as well as criminal charges. It may be classified in class 2A, 2B or 3 in accordance with the Criminal Practice Directions. The crime of False Imprisonment is a Third Degree Felony in Florida and punishable by up to five (5) years in prison, five (5) years of probation, and $5,000 in fines. In simple terms, false imprisonment can apply to any act in which a person intentionally restricts another person’s freedom to move or to leave without consent. Penalty for a False Imprisonment Conviction in Georgia The penalty for being convicted of false imprisonment in Georgia is confinement for at least one year but less than ten years, and the conviction will be deemed a felony. 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