In the state of California being found guilty of false imprisonment can
lead to serious consequences including possible jail time. California
Penal Code Section 236, describes false imprisonment as the act of restraining
or confining a person without their consent. It does not specify any particular
length of time or any location where the confinement may take place. Being
wrongfully accused of false imprisonment happens more often than most
According to an
article in Police Chief Magazine,
"It seems most unlikely that, with all the checks and balances of
the criminal justice system, someone today could be convicted of a crime
he or she did not commit. The unfortunate reality, however, is that it
A person convicted of false imprisonment in violation of Penal Code 236,
can be guilty of a felony or a misdemeanor, depending on the circumstances.
A misdemeanor carries a punishment of up to 12 months in jail, while a
felony carries up to 36 months and the individual may be required to pay
a fine of up to $10,000.
Successful Legal Defenses
There are times when a person remains with someone as they travel to a
certain location. The person changes his or her mind and then claims false
imprisonment. In these cases the individual bringing the charges must
prove that he or she clearly communicated to the individual being accused
of false imprisonment that he or she wanted to leave and no longer gave
- Legal Parental Discipline
A parent can make their child stay in their room as part of discipline.
They can also put their child in a time-out situation in a specified area
of their home. This is legitimate treatment of a child who is misbehaving.
A bitter former-spouse can misconstrue the situation and falsely report
the parent as falsely imprisoning the child.
In some incidents a charge of false imprisonment is made based on allegations
from a former spouse or domestic partner. It may be done as a way to influence
other forms of litigation occurring between the two individuals. These
charges can be proven false with proper investigations and properly submitted
If you would like to learn more about the legal defenses for an accusation of
false imprisonment we can help.
Contact us today and learn more. We represent individuals who accused of false imprisonment
in Temecula, Murrieta, Wildomar, Menifee, Perris, Banning, Hemet, Lake
Elsinore, Corona or Riverside.