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In California, Penal Code 236 defines false imprisonment as the wrongful restraining, confining, or detaining of a person without their consent. If you were arrested for falsely imprisoning someone in the Murrieta or Temecula area, don't wait to obtain a qualified legal team who can fight for your freedom.
If you simply restrain or limit someone else's movement or force someone to go somewhere against their wishes, you could be charged with false imprisonment. Even grabbing another's arm in order to force them to remain in a location can constitute false imprisonment. The Law Office of Nicolai Cocis can work hard to protect you from these types of charges.
Effective Defense Strategies
It can be hard for the prosecution to prove that consent was withdrawn at a certain point, especially when the people involved began with a consensual act.
- Defenses against a false imprisonment conviction include:
- Establishing the moment the alleged victim has a change of heart and withdraws consent
- You were under physical duress by a third party to restrain someone
- You were restraining someone to protect yourself or a third party
- Parents that have the right to confine or detain their children in their room
- Lack of evidence for conviction due to bias on the part of a former spouse or partner
What are the penalties for false imprisonment?
Depending on the facts of the case, false imprisonment may be charged as a misdemeanor or a felony. Prosecutors can argue for a felony conviction if violence was used in restraining the alleged victim. Violence in this case doesn't necessarily involve physical injury.
Misdemeanor false imprisonment carries a prison sentence of no more than a year in county jail and a $1,000 fine. Felony charges are punishable by up to 3 years in prison with fines that can reach up to $10,000.
Retain a Skilled Murrieta Attorney
Since 1999, the Law Office of Nicolai Cocis has fought on behalf of clients to have charges reduced or dropped. We represent individuals with skill and professionalism, never backing down from a tough fight.
Our law office is located in Murrieta and we have helped individuals from the Riverside County cities of Temecula, Murrieta, Menifee, Wildomar, Lake Elsinore, Hemet, Banning, Perris, Corona, Winchester and Riverside.
Call The Law Office of Nicolai Cocis for a free consultation today!
Explore Our Success Stories
- Jury Trial Regarding Federal Conspiracy to Obstruct U.S. Congress
- 23 of 24 Felony Counts Dismissed: Client sentenced to probation and credit for time served in an auto-theft case worth $1.7 million
- Charges reduced: Mortgage and Real Estate Fraud Valued in Excess of $1 Million Resulted in Probation and One Year of Home Confinement
- Charges Reduced: Client Charged with Accessory to Murder after Shooting at Busy Restaurant Resulted in Probation and Jail Time. Avoided Lengthy Prison Time.
- Substantial Reduction of Sentence: FBI Arrested Client for Involvement in Events on January 6th at U.S. Capitol in Washington D.C.
- Sentence Reduced: Client Whose DNA was Linked to Kidnap and Rape Faced a Sentence of 50 Years to Life.