False Imprisonment Law in California - Penal Code 236 PC
Having practiced criminal defense for twenty-five years, I have seen my share of false imprisonment cases filed in the San Fernando Valley. This will often come up in a domestic violence setting; other times, it will come up during some violent felony.
Regardless of the circumstances, prosecutors and judges treat these cases with utmost seriousness. The act of committing a crime that restricts a person's movement and infringes upon their essential liberties is a grave offense. The loss of freedom is a significant violation, and those willing to impose such restrictions are often perceived as dangerous, with the potential to commit more serious offenses in the future.
It is my experience that if we can convince the prosecutors that the subject person's actions were an aberration, this is not likely to happen again and show them why the person did it and that they are not going to do it again. We have taken the first step towards equitably resolving the matter. We typically will get character letters that can speak to our client's good name and standing in the community and do everything we can to show they are an upstanding citizen who made a mistake.
Another strategy we employ is to show the prosecutor and judge the surrounding circumstances that led up to the subject's behavior. Many of the cases that I have handled over the years have been mitigated once the other side sees that you are not a wrong person, you are not likely to engage in this type of behavior again, and it is not as bad as the police have reported.
Laws Related to False Imprisonment
False Imprisonment is defined under California Penal Code Section 236. It makes it a crime to wrongfully restrain, confine, or detain a person without their consent and a reasonable means of escape. Locking them in a room that they could not get out of would be enough to meet the elements of false imprisonment in Los Angeles County.
Under California law, the crime of false imprisonment is a 'wobbler,' which means it can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the case. The more serious the actions and the more danger involved, the more likely the case will be filed as a felony.
For instance, if the false imprisonment involved violence or the threat of violence, it is more likely to be charged as a felony. Domestic violence scenarios are often associated with false imprisonment charges, and we can often negotiate a favorable plea deal with the prosecutors to have this charge dismissed.
False imprisonment is usually charged as a misdemeanor if the prosecution believes they can prove beyond a reasonable doubt that the defendant intentionally restrained, confined, or detained another person and the other person did not consent. False imprisonment will usually be charged as a felony if the prosecution additionally believes they can prove beyond a reasonable doubt that violence, fraud, or deceit was involved in the restraining, confining, and detaining.
It is essential to understand that kidnapping and false imprisonment are not the same crime. However, if a person goes too far during a violent episode, the prosecutor can up the charges to kidnapping and possibly face life in prison.
Kidnapping is a felony offense and takes away or movement of another person against their will by force or threat. Punishment for kidnapping may result in a significant prison sentence, depending on the circumstances that the alleged victim faces and the level of dangerousness the prosecutors believe exists.
False imprisonment is a serious offense that can result in a significant prison sentence. If charged as a felony, a conviction may result in up to 3 years in prison, and if charged as a misdemeanor, it may result in up to one year in prison. As you can see, with stakes at a high level, it is best to hire a seasoned criminal defense attorney to defend your interests at every stage of the criminal proceedings. However, with the right legal representation, there is hope for a positive outcome.
Retain a Criminal Lawyer
Regardless of the crime you are facing, our criminal defense attorneys are here to help. With our combined 75 years of experience, extensive skills, knowledge, and understanding of the legal practice field, we are confident that we can provide you with the best representation in these stressful times. You can trust us to defend your rights and work tirelessly to achieve the best possible outcome for your case.
There are several defenses that can be used against false imprisonment charges, such as coercion, consent, false allegations, and a parent's right to discipline. Once we meet with you and obtain all the details related to your case, we can then begin resolving your matter in the best possible way, showing you that we understand and care about your situation. Contact the Hedding Law Firm for help. Call us, and we will sit down with you and go over all your charges and available options.