Van Nuys False Imprisonnment Attorney
Criminal Lawyer in San Fernando Valley
False Imprisonment is defined under California Penal Code Section 236 and makes it a crime to wrongfully restrain, confine, or detain a person without his or her consent and without a reasonable means of escape.
The crime is a wobbler, meaning that it may be charged as a misdemeanor or a felony depending on the specific circumstances of the case.
False imprisonment 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. False imprisonment is charged as a felony if the prosecution additionally proves beyond a reasonable doubt that violence, fraud, or deceit was involved in the restraining, confining, and/or detaining.
It is important to understand that kidnapping and false imprisonment are not the same crime.
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 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.
Regardless of the crime you are facing, our Criminal Attorneys in Van Nuys can help. With our combined 75 years of experience and our extensive skill, knowledge, and understanding of the criminal practice field, we guarantee effective and competent representation.
There are a number of defenses we can use such as duress; consent; false allegations; a parent's right to discipline.
Call us and we will sit down with you and go over all your charges and available options.
Free face to face consultation.