False Imprisonment Law in California - Penal Code 236 PC
Under California Penal Code Section 236, to wrongfully restrain, confine, or detain a person without his or her consent and without a reasonable means of escape is a crime and is charged as false imprisonment.
False imprisonment is a wobbler meaning that the crime may be charged as either a misdemeanor or a felony depending on certain circumstances such as the situation surrounding the false imprisonment and criminal history of the alleged defendant.
This crime is charged as a misdemeanor if the prosecution proves beyond a reasonable doubt that the defendant intentionally restrained, confined, or detained another person and the other person did not consent.
It is charged as a felony if the prosecution additionally proves beyond a reasonable doubt that the restraint, confinement, or detention was accomplished through violence, fraud, or deceit.
Most people think kidnapping and false imprisonment charges are one in the same but this is not true. Kidnapping is a felony offense and is the taking away or movement of another person against their will by force or threat. Punishment for kidnapping may result in up to 11 years in prison.
False imprisonment, as mentioned, is to confine or restrain a victim against his or her will and a conviction may result in up to 3 years in prison if charged as a felony and up to one year if charged as a misdemeanor. In some cases, these type of charges are domestic violence related.
An aggressive, experienced lawyer is essential and our Los Angeles criminal attorneys are well qualified to provide adequate and competent representation.
Our defense lawyers have the knowledge, skill, and experience necessary to get favorable results. We do everything we can to get our clients the best possible results.
There are many defenses we can use for false imprisonment charges and our defense attorneys will assert any and all applicable defenses on your behalf. Some common defenses are duress; consent; false allegations; a parent's right to discipline.
Contact a Los Angeles false imprisonment attorney at our law firm today to discuss your charges and let us explain how we can help you.