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 people realize.
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 does happen."
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 their consent.
- 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.
- Lack of Evidence
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 court motions.
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, Winchester or Riverside.