False Imprisonment under California Penal Code Section 236 can be filed as a misdemeanor or felony offense. It is defined as the act of intentionally keeping someone captive by capturing, retraining or convincing them to enter somewhere. In addition, the person being imprisoned or restrained did not give the other person their consent to do so.

An example of false imprisonment can be as simple as grabbing someone’s arm to come in a car with them. If the person being grabbed did not give their consent, this is regarded as false imprisonment.  Another example can be a lover’s disagreement – if two people are arguing and one of them wants to leave, but the other party refuses, this is also a case of false imprisonment. In cases where violence, threat, menace or fraud is used, as discussed below, the charges are escalated to a felony.

The fines and fees for false imprisonment under California Penal Code 236 are determined by many factors including the circumstances of the case and the person’s criminal history.

Charges for false imprisonment include a misdemeanor, which is punishable by one year in jail and a fine of no more than one thousand dollars.

Charges for false imprisonment can be elevated to a felony if threat, violence or force was used to limit, restrain or capture an individual. In addition, if an elderly person is falsely imprisoned, there will be an increase in prison sentencing. Felony charges are either sixteen months, two, or four years in prison and a ten thousand maximum fine.

A good lawyer can present many legal  and valid defenses for false imprisonment charges to prove one’s innocence. A legal defense team can argue that the guilty party was acting in self defense, they were trying to protect the victim, they were acting under duress, or a parent could argue that they were trying to discipline their child.

If you’ve found yourself facing false imprisonment charges and you are innocent, a criminal defense law firm like McGregor and Collins can assist. Call (949) 250-6097, or visit the website for additional information. 

Learn more about other California Section Penal Codes here.