False Imprisonment Law & Defense
Information on the crime of false imprisonment is found at California penal code section 236. In short, false imprisonment is simply the unlawful violation of the personal physical liberty of another person.
To prove that the defendant is guilty of false imprisonment, the prosecutor must prove two elements beyond a reasonble doubt:
The defendant intentionally restrained or confined a person by violence or menace, and
The defendant’s act made that person stay or go somewhere against that person's will
There is no legal justification for the defendant's use of force to hold a person in place (for example: citizens' arrest, self defense, defense of other persons, consent, etc.).
The term violence in false imprisonment law means using physical force against a person that is greater than the amount necessary to restrain a person. The term menace means verbal or threatening actions that expressly or impliedly communicate a threat of harm.
For example, physically holding someone in place by force and against a person's will is a violent way to commit false imprisonment, but pointing a gun at someone and telling them to stay where they are, without legal justification for doing so, is false imprisonment by menace.
The term consent in false imprisonment law means that the person acts freely and voluntarily after knowing the true nature of the circumstances. For example, a person cannot consent to involuntary movement if he or she is so heavily intoxicated that he or she could not understand the nature of the circumstances surrounding the false imprisonment.
Punishment for PC 236
False Imprisonment is classified as a wobbler; this means that PC 236 may be charged as a felony or as a misdemeanor.
Misdemeanor false imprisonment convictions carry up to a one year county jail sentence. Felony false imprisonment convictions carry up to a three county prison sentence (See below for county prison definition).
Whether or not misdemeanor or felony charges are filed against the defendnat depends largely on the circumstances of the case, whether violence was actually used (as opposed to menace), the defendant's criminal history, and the presence of any mitigating factors, such as false imprisonment during a heated argument with a another person who is physically combating the defendant at the time of the false imprisonment (common in domestic violence cases).
Probation Sentence: A probation sentence is period of supervision as opposed to an acutal jail sentence. Probaiton sentenes are allowed in PC 236 cases, but they are not guaranteed. Whether or not a defendant will be allowed to serve a probation sentence in lieu of a jail setnence depends largely on the fact of the case and the defendant's criminal history (sometimes the alleged victim can be instrumental in determining whether or not the defendant should be place on probation. Probation sentences sometimes require manual labor or house arrest as a term of probaiton.
PC 1170(h) Sentence: If the defendant is convicted of PC 236 and he or she is not granted probation, the defendant may have his jail setnence suspended (not served so long as the defendant fulfills the conditions of out of custody release orders), or split (served partially in custody and partially out of custody on work release or house arrest). In any event, PC 1170(h) setencing allows a defendant convicted of PC 236 to serve jail time, if ordered, in a local county jail, as opposed to a state prison.
Note: False imprisonment is not considered a strike offense under California's Three Strike Sentencing Law. In addition, False Imprisonment is not considered a crime of moral turpitude for purposes of immigration or professional licensing concerns.
Fines & More: Penal Code 236 is punishable by a fine not exceeding one thousand dollars. In addition to any jail or prison sentencing and fines, PC 236 convictions can lead to other severe consequences such as: Immigration issues (non U.S. citizens), professional licensing consequences, penalty fines, civil lawsuits, restitution, firearm prohibition, and employment loss.
Defenses to PC 236
Common defenses to false imprisonment charges include: mistake of fact, insufficient evidence to prove intent, statute of limitations, self defense, defense of others, consent to hold or move the allege victim, intoxication of the defendant, insanity, coerced confessions, and more.
If you have been charged with false imprisonment, or California penal code 236, contact our criminal defense lawyer to learn your rights and options without delay. Our criminal defense lawyes are available seven days a week to assist you with a free consultation.
Quick Legal Reference
Crime: False Imprisonment
Code: PC 236 (CalCrim No. 1240-1242)
Wobbler: Yes. PC 236 is a wobbler crime. This means that the crime may be charged as a felony or as a misdemeanor. Felony PC 236 is only charged if violence is used during the false imprisonment.
Incarceration: Felony PC 236 jail sentence range: 16 months, 2 or 3 years jail. Misdemeanor jail sentence up to 1 year.
Probation: Probation is available in felony and misdemeanor PC 236 cases (assuming other crimes or enhancements that bar a probation sentence are not present). Whether or not a probation sentence is offered by the District Attorney, or granted by the court, depends on several factors, including the defendant's criminal history and the facts of the case.
Work Release or House Arrest: In some cases, a probation sentence can include actual in-custody county jail, house arrest (electronic monitoring), or work release (or some combination of these penalties); however, most in-custody jail sentence orders that are required as a terms of probation are much shorter than the maximum jail sentence.
PC 1170(h)): Yes. PC 236 is subject to PC 1170(h) sentencing. This means that any jail or prison sentence may be:
Split (half in-custody / half out-of-custody)
Suspended (possibly never served)
Served in county jail (not state prison)
Strike: PC 236 is not a strike offense listed in California's Three Strikes law.
Credits: 50% good conduct credits available.
CIMT: PC 236 is not likely a crime involving moral turpitude.
Firearms: Felony PC 236 convictions prohibit a defendant from owning or possessing a firearm.
Bail: $50,000 (Felony); $5,000 (Misdemeanor) (San Bernardino)
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