GEORGIA
Criminal Defense Lawyers
 
 J. Michael Mullis
Attorney at Law

1102 Williams St., Valdosta, Lowndes County, GA 31601
229-245-0064

 

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FALSE IMPRISONMENT
& kidnapping
both are felonies in ga


False Imprisonment
If you violate the personal liberty of another person by arresting, confining, or detaining that person without legal authority, you have committed the crime of false imprisonment.

False imprisonment is a felony for which you could receive up to 10 years in prison.

OCGA 16-5-41
See also OCGA 17-10-6.2 for enhance sentencing

Kidnapping
The essential difference between kidnapping and false imprisonment is that kidnapping involves the additional element of asportation. Asportation means that you have moved the person from one place to another. You need to be aware that this movement only needs to be slight movement. However, practically speaking, a prosecutor might have a difficult time getting a conviction for kidnapping if the person was just moved from one room to another.

Kidnapping is a felony with a sentence of 10 to 20 years. A conviction for kidnapping for ransom or kidnapping with bodily injury can result in either life in prison or death. If the victim is under age 14, the sentece will be 25 to life.

Keep in mind that kidnapping is considered a violent felony and a conviction means you must do at least 10 years in prison without parole. If this is your second violent felony conviction, life without parole is mandatory.

See OCGA 17-10-6.1 and 17-10-7 for other sentence enhancements.

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Content 2002-2011 J. Michael Mullis, Attorney at Law