California Penal Code 236 – False Imprisonment: Penalties, Charges & Legal Defense
False imprisonment is a criminal offense in California that occurs when a person intentionally restrains, detains, or confines another individual against their will without legal authority. Under California Penal Code 236 PC, this act is considered a violation of the victim’s personal liberty and can be prosecuted as either a misdemeanor or a felony, depending on the circumstances.
A conviction may result in jail time, fines, probation, and a permanent criminal record, which can have long-term consequences. If you are facing charges under this statute, consulting with a Los Angeles criminal defense attorney is essential to protecting your rights and building a strong defense.
How is False Imprisonment Different from Kidnapping?
False imprisonment and kidnapping (Penal Code 207 PC) are separate offenses under California law. While both involve restricting a person’s freedom, there are key differences:
| False Imprisonment (PC 236) | Kidnapping (PC 207) |
|---|---|
| Involves restraining or detaining someone without consent | Requires forcibly moving the victim a substantial distance |
| Can be charged as a misdemeanor or felony | Always charged as a felony |
| No movement of the victim is required | Movement of the victim is a key element |
| Can involve threats, deception, or physical barriers | Typically involves force, threats, or fear |
When Can You Be Charged With False Imprisonment in California?
To be convicted of false imprisonment under Penal Code 236 PC, the prosecution must prove the following elements:
✔ Intentional Restraint – The defendant knowingly restrained, detained, or confined the victim.
✔ Lack of Consent – The victim did not agree to be restrained.
✔ Unlawful Action – The act was done without legal justification (e.g., it was not a lawful arrest).
False imprisonment does not require physical force. It can be committed through:
- Threats or intimidation
- Deception or fraud
- Blocking exits or preventing movement
A person can face felony charges if the act involved violence, menace, fraud, or deceit.
Penalties for Violating California Penal Code 236 PC
Misdemeanor False Imprisonment
A misdemeanor charge applies when false imprisonment occurs without violence or threats.
- Up to 1 year in county jail
- A fine of up to $1,000
- Misdemeanor probation
Felony False Imprisonment
A felony charge applies when false imprisonment involves force, violence, menace, fraud, or deceit.
- 16 months, 2 years, or 3 years in state prison
- A fine of up to $10,000
- Felony probation
- Potential “Three Strikes” law implications if related to a violent crime
A felony conviction can lead to long-term consequences, including difficulty finding employment, loss of professional licenses, and loss of firearm rights.
Legal Defenses Against False Imprisonment Charges
If you have been accused of false imprisonment, several defense strategies may be used to challenge the charges:
Lack of Intent – The restraint was accidental or misunderstood.
Consent – The alleged victim willingly stayed and was not forced.
Lawful Authority – The act was legally justified, such as a store owner detaining a shoplifter.
False Accusations – The allegations are fabricated or exaggerated.
Self-Defense – The restraint was necessary to protect yourself or others from harm.
Can You Go to Jail for False Imprisonment?
Yes, a conviction for false imprisonment under Penal Code 236 PC can result in jail or prison time, depending on whether the offense is charged as a misdemeanor or felony. If the offense involved domestic violence, child endangerment, or human trafficking, the penalties can be even more severe.
Contact a Los Angeles Criminal Defense Attorney for False Imprisonment Charges
Being accused of false imprisonment can have serious consequences, including jail time, steep fines, and a lasting criminal record. Prosecutors take these cases seriously, and if the charges involve force, threats, or domestic violence, the penalties can be even more severe. A conviction could impact your job, reputation, and personal freedom.
At The Law Offices of Arash Hashemi, we know how to fight back against weak evidence, false accusations, and unlawful arrests. With over 20 years of experience, Attorney Hashemi has helped clients get charges reduced, dismissed, or avoided altogether. The sooner you take action, the better your chances of building a strong defense.
Don’t wait to protect your rights. If our Los Angeles criminal attorney gets involved early, we may be able to negotiate with prosecutors before charges are even filed or work to reduce the penalties you’re facing.
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