False Imprisonment in California
False imprisonment is a serious criminal offense in California that can arise in many different contexts—from domestic disputes to business conflicts to misunderstandings involving law enforcement. While it may not carry the same weight as a kidnapping charge, a conviction under Penal Code § 236 can still lead to jail time, a permanent criminal record, and lasting damage to your reputation.
If you or someone you care about is facing false imprisonment charges, it’s essential to understand the law, how it’s prosecuted, possible defenses, and how a skilled criminal defense attorney can help.
What Is California Penal Code § 236?
Under Penal Code § 236, false imprisonment is defined as “the unlawful violation of the personal liberty of another.” In simpler terms, this means restraining, detaining, or confining someone against their will without legal authority to do so.
False imprisonment does not require physical force or violence—even words, threats, or deceit that cause someone to believe they can’t leave a situation may qualify.
Key Legal Elements
To convict someone under PC § 236, the prosecution must prove:
The defendant intentionally and unlawfully restrained, detained, or confined another person,
The other person did not consent to the restraint, and
The restraint prevented the person from moving freely.
Examples of False Imprisonment
False imprisonment can happen in many everyday scenarios, including:
Holding someone in a room and blocking the exit during an argument.
A store security guard detaining a customer without legal grounds.
A parent refusing to let an adult child leave the home.
An employer locking in employees during a shift break.
The context matters greatly—what may seem like a misunderstanding could result in criminal charges if the other party felt unlawfully confined.
Misdemeanor vs. Felony False Imprisonment
False imprisonment is typically charged as a misdemeanor, punishable by:
Up to 1 year (364 days) in county jail, and/or
A fine of up to $1,000.
However, if the false imprisonment is accompanied by violence, menace, fraud, or deceit, it can be elevated to a felony charge, punishable by:
16 months, 2 years, or 3 years imprisonment pursuant to section 1170(h) of the Penal Code,
Probation, fines, and other court-imposed conditions.
Potential Legal Defenses to False Imprisonment Charges
An experienced defense attorney may use one or more of the following defenses depending on the facts of your case:
Consent – The alleged victim willingly stayed or was not confined against their will.
Lack of intent – The defendant did not intend to unlawfully restrain or detain the person.
Legal authority – The defendant had a lawful right or duty to detain the person (e.g., a parent, security officer, or law enforcement under certain conditions).
False accusation or misunderstanding – In some cases, the alleged victim may exaggerate or fabricate events due to personal motives.
Insufficient evidence – If the prosecution cannot prove the elements beyond a reasonable doubt, the case should not result in a conviction.
Why Legal Representation Is Essential
False imprisonment charges can escalate quickly, especially if they’re tied to other alleged crimes like domestic violence, battery, or kidnapping. Even a misdemeanor conviction can have lasting impacts on your employment, housing, and family law matters.
An experienced California criminal defense attorney can:
Evaluate the specific facts of your case,
File motions to suppress unlawfully obtained evidence,
Negotiate for reduced charges or dismissal,
Build a strong defense for trial if necessary,
Help you understand your rights and options at every step.
Conclusion
Facing charges under California Penal Code § 236 is not a matter to take lightly. Whether the incident arose from a personal conflict, workplace misunderstanding, or something else entirely, having an experienced defense attorney can be the difference between a conviction and a cleared name.
If you’ve been accused of false imprisonment, speak with qualified criminal defense lawyer Davis W. Hewitt right away to protect your rights and begin building your defense.