False Imprisonment Law – California Penal Code 236
The crime of “false imprisonment” is described under California Penal Code 236. A false imprisonment charge can be filed against you in a situation where you unlawfully deprive someone of their personal liberty. This essentially means intentionally detaining another person without a legal right to do so, and they aren't allowed to leave when they want to. This would be considered falsely imprisoned.
Penal Code 236 false imprisonment is similar to Penal Code 207 kidnapping charges. However, a kidnapping charge requires moving someone a substantial distance. When someone is simply held or restrained against their will, it's a false imprisonment offense.
Our criminal defense lawyers have seen a wide range of situations where individuals have been charged with PC 236 false imprisonment. For example, these criminal charges are common in domestic violence incidents. For instance, during a heated confrontation, a husband might grab his wife to prevent her from leaving the home.
Another Penal Code 236 false imprisonment offense involves married couples who are riding in a car and become involved in a heated argument. The wife, wanting to get away from the argument, asks to be let out of the vehicle.
The husband refuses and continues with the confrontation. In this scenario, this act could be considered the crime of false imprisonment.
It should be noted that PC 236 false imprisonment can be charged when confinement, detention, or restraint only lasts for a short amount of time.
It's also important to note that while a false imprisonment charge is not considered as serious as a kidnapping charge, it is still a serious offense that can carry harsh penalties.
Penal Code 236 false imprisonment is a California “wobbler” offense that can be charged as either a misdemeanor or felony crime, depending on the facts and circumstances of the case. Aggravated trespassing is defined under Penal Code 601 PC.
California Penal Code 368(b) PC defines the serious crime of domestic violence against a disabled person or dependent adult. This category falls under the broader and equally serious issue of elder abuse.
Our criminal defense attorneys are providing an overview below to help readers better understand the false imprisonment law described under Penal Code 236.
Definition of Penal Code 236 False Imprisonment
California Penal Code 236 PC defines false imprisonment as the unlawful violation of someone else's personal liberty. To violate someone's liberty means a sustained restriction of their freedom using violence, duress, fraud, or deceit.
It also includes using a threat of unlawful injury in circumstances where someone receiving the threat reasonably believes the person making the threat can carry it out.
In order for the prosecutor to convict you of a misdemeanor a false imprisonment charge, they must be able to prove all the elements of the crime listed under CALCRIM 1242 Jury Instructions:
- You intentionally and unlawfully detained, restrained, or confined someone
- Your act made someone stay or go somewhere against their will
An act is done against someone's will if that person didn't consent to it freely and voluntarily and knew its nature.
Penalties for Penal Code 236 False Imprisonment
If convicted of Penal Code 236 false imprisonment, it's normally a misdemeanor offense that carries up to one year in a county jail and a fine of up to $1,000.
However, you could face felony false imprisonment charges (see CALCRIM 1240) if violence, menace, fraud, or deceit was used in the restraint. Menace is the threat of violence, but it doesn't always have to be verbal threats; it could be implied by your behavior.
If convicted of a PC 236 felony crime, you could spend up to three years in a California state prison and be fined up to $10,000.
It should be noted that if the victim was elderly or dependent, the sentence could increase to four years. If the false imprisonment case was associated with the benefit of a criminal street gang, you could be facing a 15-year to life enhancement described under Penal Code 186.22 PC.
If a gun was used in your PC 236 false imprisonment case, then ten years could be added to the sentence. If the gun was discharged, then you could have 25 years added to the sentence.
Related California Crimes
- Penal Code 207 – Kidnapping
- Penal Code 209.5 – Kidnapping during carjacking
- Penal Code 210.5 – False imprisonment of a hostage
- Penal Code 215 – Carjacking
- Penal Code 278 – Child abduction
- Penal Code 368 – Elder abuse
- Penal Code 422 – Criminal threats
Fighting False Imprisonment Charges
Our criminal defense lawyers could develop a wide range of strategies to defend you against false imprisonment charges in violation of Penal Code 236.
We might be able to argue the alleged victim was there voluntarily. If we can show you didn't force the victim to remain, or there was no restraint against their will, then you have a good chance at avoiding a conviction for false imprisonment.
We could argue your actions were in good faith, such as the restraint of the victim was because of a reasonable belief the victim might endanger themselves or other people. For example, perhaps the victim had been making comments about committing suicide or harming others.
We might be able to argue that the allegations against you are false. Perhaps we could prove that the accusations or false imprisonment are not based on facts and that the accuser had other motives, such as revenge or jealousy.
Another argument includes self-defense. We might be able to show that the victim's restraint was actually an act of self-defense or defending others and that the force used was reasonable under the circumstances.
Crucial Details about PC 236 False Imprisonment Charges
False imprisonment is a “general intent” crime, meaning you don't always have to intend to imprison another person falsely, but rather, your deliberate actions caused them to be falsely imprisoned.
In other words, you don't have to actually physically restrain another person to be found guilty of false imprisonment. You can also be charged with a felony false imprisonment even in a situation where you didn't commit any violence on the victim.
In fact, if you caused the victim to have a fear of potential violence due to your actions when they were attempting to leave the scene, you could be charged with a PC 236 felony crime. Also, you could face felony charges if you restrained another person against their will using deceit or fraud.
Suppose you or a family member has been accused of false imprisonment under Penal Code 236. In that case, our criminal defense attorneys will review your case and develop a strategy to obtain the best possible outcome.
A conviction could result in life-altering consequences, and you will need a law firm with experience handling these types of cases.
Cron, Israels & Stark is a team of highly experienced criminal defense lawyers located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact our office for a free case evaluation.