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. Sentence. 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. 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. 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. It is triable only on indictment. Your Georgia False Imprisonment Attorney's job is to create doubt and point out holes in the State's argument. 16-5-41 (2010) 16-5-41. Like false imprisonment, the penalties can increase with aggravating circumstances, such as if the kidnapper was seeking a ransom or took a child. 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. False imprisonment is a legal term that refers to the restraining of a person without legal authority or justification. It may be classified in class 2A, 2B or 3 in accordance with the Criminal Practice Directions. False imprisonment cannot occur in a kidnapping situation because the person has been removed to a new area. 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. The offence of false imprisonment. Penalties for False Imprisonment. Because unlawful imprisonment in the first degree is a class E felony the maximum possible prison sentence is 4 years. Pub. … 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. False imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment). If a court imposes a punishment that the law does not permit, such sentence will be void. 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. ARTICLE 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES § 16-5-41 - False imprisonment O.C.G.A. 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