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California Penal Code Section 236 PC And California Penal Code Section 237(a) PC: False Imprisonment

March 21, 2024 Uncategorized

California Penal Code Section 236 PC and California Penal Code Section 237(a) PC: False Imprisonment

Being falsely imprisoned can be a scary and traumatic experience. This article will explain what false imprisonment is under California law, what the penalties are, and some common defenses that can be used if you are charged.

What is False Imprisonment?

Under California Penal Code Section 236 PC, false imprisonment is defined as the unlawful violation of the personal liberty of another. In plain English, this means illegally confining, detaining, or restraining someone against their will. Some examples of false imprisonment include:

  • Locking someone in a room or building
  • Physically blocking someone from leaving a room
  • Holding someone down so they cannot move
  • Tying someone up or binding their limbs

The key is that the victim’s liberty and freedom of movement is being restricted without their consent. It does not matter if the confinement lasts a short or long time – even just a few minutes can qualify as false imprisonment under California law.

How is False Imprisonment Charged?

False imprisonment can be charged as either a misdemeanor or felony offense, depending on the circumstances. Here is an overview of how each one works:

Misdemeanor False Imprisonment

Under California Penal Code Section 237(a) PC, false imprisonment is a misdemeanor if it is committed without violence, menace, fraud or deceit. A misdemeanor false imprisonment conviction can result in:

  • Up to 1 year in county jail
  • A maximum fine of $1,000
  • Informal probation

Felony False Imprisonment

False imprisonment becomes a felony under California Penal Code Section 236 PC if any of the following circumstances exist:

  • Violence was used
  • Threats or menace were made against the victim
  • Fraud or deceit was used

Violence means using more physical force than reasonably necessary to restrain someone. Menace refers to verbal or physical threats of harm against the victim.

If charged as a felony, false imprisonment can be punished by:

  • 16 months, 2 years, or 3 years in state prison
  • Up to $10,000 in fines
  • Formal probation

Legal Defenses to False Imprisonment

If you are facing charges for false imprisonment, don’t panic – there are defenses that your criminal defense attorney can use to get the charges reduced or dismissed. Some common defenses include:

No unlawful restraint occurred

If the alleged victim voluntarily consented to being confined or detained, then false imprisonment did not take place. For example, someone participating in a trust exercise would likely consent to being restricted.

Lawful arrest

Police officers and security guards have lawful authority to detain people under certain circumstances, such as when making an arrest. Detaining someone based on reasonable suspicion that a crime occurred is not false imprisonment.

Defense of property

Shopkeepers have the right to detain suspected shoplifters on store property in a reasonable manner and for a reasonable time. This is not considered false imprisonment under California law.

Lack of criminal intent

Prosecutors must prove you had criminal intent to falsely imprison someone. If you can show you had no intent to restrict the person’s liberty or it was an accident, you may be able to beat the charges.

Related Offenses

False imprisonment often occurs alongside other criminal offenses, including:

  • Kidnapping – Under Penal Code 207 PC, kidnapping is forcibly taking someone against their will. This is more severe than false imprisonment.
  • Domestic violence – False imprisonment between spouses, partners, or other family members may constitute domestic violence under Penal Code 13700 PC.
  • Sexual assault – Restraining someone in order to commit sexual abuse or assault can lead to additional charges under Penal Code 261 PC.

An experienced criminal defense lawyer can help identify any related charges and build the strongest defense to avoid harsh penalties.

False Imprisonment Cases

Here are some real-world examples of false imprisonment charges and convictions in California:

  • In 2020, a man was convicted of felony false imprisonment and domestic violence for locking his girlfriend out of their apartment during an argument. He refused to let her back inside for over an hour.
  • A group of people were charged with misdemeanor false imprisonment after barricading the doors to a restaurant and preventing staff from leaving following a dispute. Police had to be called to defuse the situation.
  • A woman faced felony false imprisonment charges for tying up and gagging her housekeeper while she went out shopping. The housekeeper alleged she was held for several hours before being able to escape.

Consult with a Defense Lawyer

Being accused of false imprisonment can have severe consequences on your freedom, finances, and reputation. An experienced California criminal defense attorney can advise you of your rights and build the strongest defense to have charges reduced or dismissed. Don’t hesitate to contact a lawyer for help fighting back against false imprisonment charges.

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