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In California, Penal Code §236 describes false imprisonment as the unlawful restraint, confinement, or detention of another person without their consent. You don’t have to use force or physically lock someone in a room to be charged. Words, threats, or any actions that restrict someone’s freedom can result in criminal charges.
False imprisonment charges often stem from misunderstandings or heated arguments. However, a conviction can lead to jail time, a criminal record, and long-term consequences. If you’re under investigation or have already been charged under California’s false imprisonment law, you need experienced legal representation immediately. Contact the Law Offices of Justin E. Sterling to schedule a confidential and free consultation with a Los Angeles criminal defense lawyer.
What Counts as False Imprisonment in California?
California Penal Code § 236 defines false imprisonment as the unlawful violation of someone’s personal liberty. It can happen in many ways, such as verbal or physical threats.
You can face charges even if the person was only confined for a short time or if they didn’t suffer any bodily harm. The prosecution only needs to prove:
- You intentionally restrained, detained, or confined someone.
- The person did not consent.
- You had no legal right to do so.
In short, physical force is not required for you to face charges. Threats, deception, and misusing authority can also meet the legal threshold for unlawful restraint in California.
Examples of False Imprisonment
The California false imprisonment law covers a wide range of behavior, such as:
- Locking someone in a car or a room without permission
- Holding someone against their will during a suspected shoplifting incident without proper authority
- Threatening to harm someone if they try to leave a location
- Using false pretenses or deception to keep someone in place
In some cases, even briefly stopping someone from leaving can result in charges, especially if the person felt afraid or coerced.
How Is False Imprisonment Different from Kidnapping?
False imprisonment and kidnapping both involve unlawful restraint. The key difference is movement. Under California law, kidnapping requires moving the person without their consent. If you confine someone without moving them, it may be false imprisonment, but if you force them into a vehicle and drive away, you could face a kidnapping charge. Kidnapping is a much more serious felony, with the punishments to match.
Can I Go to Prison for False Imprisonment?
False imprisonment can be charged as either a misdemeanor or a felony under Penal Code 237, depending on how the alleged crime occurred. It also depends on whether violence, threats, or fraud were involved. The court will consider the details of the incident, your criminal history, and whether the alleged victim suffered harm. A misdemeanor conviction can come with penalties that may include:
- Up to one year in county jail
- Probation
- Fines up to $1,000
When false imprisonment is charged as a felony, penalties may include:
- Up to three years in state prison
- Formal probation
- A strike under California’s Three Strikes Law (in some instances)
When Is False Imprisonment a Felony Instead of a Misdemeanor?
False imprisonment becomes a felony when it’s carried out with violence, menace, fraud, or deceit. In other words, even if you didn’t cause physical injury, using threats or force can turn a misdemeanor into a felony. The restraint must involve more than just words or minimal interference. For example:
- Using a weapon to threaten someone into staying put
- Physically restraining or tying someone up
- Lying to someone to keep them from leaving a place
- Pretending to be law enforcement to detain someone
The stakes are high when you’re facing felony false imprisonment charges. Working with a criminal defense lawyer early in the legal process can protect your rights and give your attorney time to explore all possible defenses.
What If the Accusation Came from My Partner During a Fight?
Disagreements between partners or spouses sometimes escalate. It’s not unusual for someone to claim false imprisonment in the heat of the moment. These situations are complicated and often involve conflicting stories. For example, your partner might accuse you of blocking the door, grabbing their arm, or refusing to let them leave. However, your defense attorney will point out that the context matters. Did you both raise your voices? Were there misunderstandings or emotional outbursts? Were there witnesses?
Prosecutors take domestic-related accusations seriously, but not every fight rises to the level of a crime. If you were defending yourself, trying to de-escalate, or if the accusation was exaggerated or made out of anger, those facts could affect the outcome of a false imprisonment case.
Potential Defenses Against a False Imprisonment Charge
Some common legal defenses to Penal Code 236 charges include:
- Consent – If the other person agreed to stay or understood the situation, it may not be unlawful.
- Lack of intent – This defense argues that you didn’t mean to restrain or confine anyone, and any misunderstanding was unintentional.
- False allegations – The alleged victim may have exaggerated or fabricated the claim out of anger, fear, or retaliation.
- Self-defense or defense of others – With this defense, you assert that you had a legal right to restrain someone temporarily to prevent harm.
- Insufficient evidence – Without clear and convincing evidence, the prosecution can’t prove beyond a reasonable doubt that you violated the law.
Your lawyer will evaluate the unique facts of your case and challenge the prosecution’s version of events. In some cases, false imprisonment charges can be reduced or dismissed. In others, a criminal defense lawyer may be able to reduce the charges, fight for an acquittal at trial, or pursue another outcome.
Why Should I Hire a California Criminal Defense Lawyer Immediately?
Whether it’s a misdemeanor or a felony, a false imprisonment charge can impact your finances, liberty, and future. The earlier you speak with a criminal defense lawyer, the more options you may have.
The Law Offices of Justin E. Sterling has decades of experience handling false imprisonment and related criminal charges in California courts. When you work with us, you’ll get focused legal support and battle-tested advocacy at every stage of your case.
We know it’s your life and reputation on the line. Let us fight for you. Contact the Law Offices of Justin E. Sterling today for a free consultation.
