Los Angeles False Imprisonment Lawyers
False Imprisonment Charges in Los Angeles
California law defines false imprisonment as the unlawful violation of the personal liberty of another, in Penal Code Section 236. More information about the elements of this crime that the prosecution must prove beyond a reasonable doubt to achieve a conviction are revealed in the 2021 Criminal Jury Instructions provided by the California Judicial Branch.
False imprisonment has only two elements, and the prosecutor must prove both of them, or the defendant can be acquitted. Those elements are:
- The defendant intentionally confined, detained, or restrained another person, or caused that person to be confined, detained, or restrained; and
- The defendant made the other person go or stay somewhere against that person’s will.
If a person does not consent to an act, it is done against his or her will. To consent, the person must do so freely and voluntarily and know the nature of the act.
When force or violence are not part of the alleged crime, false imprisonment is a misdemeanor. If the crime of false imprisonment is committed using force or violence, it is charged and prosecuted as a felony.
Felony False Imprisonment
Felony false imprisonment involves falsely imprisoning another person by violence or menace. In this context, violence can be defined as physical force greater than what is reasonably necessary to restrain a person. Menace can be defined as the threat of harm, either verbal or physical, including the use of a deadly weapon. The threat may be either express or implied.
What Are Penalties for False Imprisonment?
Upon conviction of misdemeanor false imprisonment, you could be facing up to one year in county jail and a fine of $1,000. In a conviction for felony false imprisonment, the penalties are more severe and may include a state prison term of 16 months, two years, or three years.
False imprisonment penalties can be enhanced if the victim is an elderly person or a dependent adult. This means an additional prison term of three years for a victim under the age of 70 and five years for a victim 70 or older.
Defenses Against False Imprisonment Charges
With a well-developed, compelling legal defense, charges of false imprisonment may be reduced or even dismissed in some cases. Our Los Angeles violent crime defense attorneys may use any of these common defenses in your case:
- Consent: This is an affirmative defense to false imprisonment. Consent negates one of the essential elements of the crime – acting against the other person’s will.
- Self-defense: People in California are allowed to defend themselves and others, using proportional force if they reasonably believe they are in danger of immediate bodily harm. If you intentionally confined, detained, or restrained another person acting in self-defense, it is not false imprisonment.
- Parental authority: Parents have a right to “ground” their children, put them in “timeout,” or otherwise restrict their freedom of movement as a means of discipline. It is legal and not false imprisonment for parents not acting with any malicious or criminal intent to confine their children against their will, provided it does not cause any undue suffering or injuries.
- Shopkeeper’s privilege: Under California law, store owners and shopkeepers may detain a person long enough to investigate if they have probable cause to believe that person is guilty of shoplifting. The investigation must be carried out in a reasonable time and manner.
If you are facing false imprisonment charges, call Werksman Jackson & Quinn LLP at (213) 688-0460 to schedule a free initial consultation. Our Los Angeles criminal defense attorneys have decades of experience handling complex, high-stakes cases. We pride ourselves on providing the best criminal defense available to each of our clients.
Additional Information
- False Imprisonment vs Kidnapping
- Simple Kidnapping vs. False Imprisonment
- What Is False Imprisonment?
Contact Us
“We can handle any criminal case.
Anywhere. Anytime.”
What Our Clients Say
Previous Testimonial Next Testimonial- “Alan Jackson is hands down the best attorney we have worked with. Extremely professional, well liked in the court system and respected amongst all legal professionals. Took our calls at any given time and made himself available all the time.” - S.F. From Google Reviews
- “Perpetually impressed by the professionalism, thoroughness, follow through, and expertise that Mark Werksman, his fellow partners, and associates / admin staff all produce whenever I interact with them, professionally.” - Dru S.
- “Kelly is a brainiac. She's a certified criminal law appellate specialist - a rare achievement and qualification- and she fits into a very unique niche in criminal law. Her primary role at her firm (one of, if not THE best criminal defense firm in los angeles) is research and writer...” - Joseph W.
- “Having Alan Jackson as my lead attorney on 3 separate cases (one felony, and two misdemeanors) was the best decision of my life. I was facing 6-8 years in prison, and he was able to have all three charges dismissed. He's got the skills, connections, and the charisma to aid anyone in any situation...” - Anonymous