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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.

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.

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.

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Content © 2002-2009 J. Michael Mullis, Attorney at Law