False Imprisonment is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code. ARTICLE 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES § 16-5-41 - False imprisonment O.C.G.A. 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. 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. 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. If a court imposes a punishment that the law does not permit, such sentence will be void. 16-5-41 (2010) 16-5-41. 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. Pub. … Penalties for False Imprisonment. It may be classified in class 2A, 2B or 3 in accordance with the Criminal Practice Directions. False imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment). 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. Like false imprisonment, the penalties can increase with aggravating circumstances, such as if the kidnapper was seeking a ransom or took a child. It is triable only on indictment. L. 108–21 substituted “shall include imprisonment for not less than 20 years.” for “shall be subject to paragraph (2) of this subsection.” in concluding provisions of par. This can involve the use of force, unlawful restraint, bodily injury, traveling a substantial distance, and crossing state borders. 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. 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. Because unlawful imprisonment in the first degree is a class E felony the maximum possible prison sentence is 4 years. False imprisonment is a legal term that refers to the restraining of a person without legal authority or justification. 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