False imprisonment in California involves unlawfully restraining someone without consent, even briefly, and can lead to criminal charges. This article covers legal definitions, common defenses, and misdemeanor or felony penalties under Penal Code 236.
By Brad Nakase, Attorney
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False imprisonment is the deliberate, non-consensual detention of an individual without a valid reason for a significant period of time (doesn’t matter how brief) that results in harm to the plaintiff (California Penal Code Section 236 PC). The maximum prison term is three years.
Examples
Defenses
Criminal defense attorneys use numerous defense techniques to refute false incarceration accusations. A few of them are:
Penalties
Infractions of Section 236 PC can be considered misdemeanors.
Penalties are:
The prosecutor may charge the offense as a felony if you used menace, violence, deceit, or fraud to restrict someone.
False imprisonment is a felony. A prison sentence of up to 3 years could be given.
Two types of wrongful imprisonment are defined by California’s wrongful imprisonment laws. Among them are:
1. Misdemeanor false imprisonment
The prosecution must establish some elements to effectively prosecute you.
Example: Patty and Harry are a married couple. They are fighting in their vehicle. Harry tries to flee. Patty activates the child’s lock. It prevents him from doing so.
This is considered misdemeanor false imprisonment because Harry’s freedom of mobility is taken away from him against his will. Patty might still be charged for the brief period of time she kept Harry in the vehicle against his will. This is irrespective of her opening the door within a few seconds.
2. Felony false imprisonment
The prosecution must demonstrate some things to obtain a conviction.
Both fraud & deceit entail deliberate misrepresentations. They are extremely similar. Although both of these phrases are frequently used in tandem, the Penal Code does not define each one separately. Nevertheless, the majority of the time, fraud is a form of deliberate deception that causes the victim to rely on the offender (i.e., the victim accepts the offender’s distortion and acts in line with that belief), whereas deceit does not.
Some useful definitions.
Example: Patty & Harry, a married couple, are fighting at home. When Harry tries to leave, Patty threatens to shoot him, so Harry remains put. Because Patty employed “menace” to limit Harry’s freedom, this is considered felony false imprisonment.
Keep in mind that the individual being restrained doesn’t have to be imprisoned in a state prison or jail for California false imprisonment to occur. Anywhere is a potential site for false incarceration.
False imprisonment is a crime with a general aim. You can be convicted of this crime even if you never intended to imprison anyone illegally.
Example: Beth tells Ben that there has been a chemical attack as a practical joke. They spend several hours hiding in Beth’s basement. Although Beth’s deception led Ben to believe it was dangerous to leave, she never planned to imprison him against his will. Beth may therefore be charged with California false imprisonment.
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You can raise a legal defense to refute a false imprisonment charge.
Among the typical defenses are:
1. Legal power to restrict
Police officers or other law enforcement authorities commonly raise this defense in cases of wrongful imprisonment involving illegal arrests and detention. There is the possibility of no false incarceration if you are legally able to restrain someone.
For instance, if a police officer stops and apprehends someone in accordance with a legitimate arrest warrant, he will not be charged under PC 236.
A civilian may occasionally be able to use a valid citizen’s arrest to restrain someone else.
In California, you have the right to “detain” someone you witness committing a crime until police arrive by taking the proper, legal, and reasonable actions. This is referred to as a “citizen’s arrest.” The following circumstances allow a private individual to make an arrest according to California Penal Code 837.
2. Consent
You need to demonstrate that the alleged victim was there willingly and gave their consent. It is always a legitimate defense.
Evidence that can be used to show consent:
You shouldn’t be found guilty of California false imprisonment if it can be demonstrated that you didn’t “force” the victim to be there and that they weren’t being held against their will.
3. Self-defense
If you rationally hold the belief in good faith that you or others are going to suffer immediate or serious bodily harm, California law permits you to use proportionate measures in defense of self and others.
If the victim had threatened self-harm or suicide, you may claim “defense of others” if you put them in a place where they couldn’t damage themselves (and you subsequently called for assistance as soon as possible).
For instance, you shouldn’t be found guilty of California false imprisonment for detaining your spouse if they made remarks that made you think they were going to kill themselves or harm someone else.
4. Shopkeeper’s privilege
Store owners & shopkeepers who have a reasonable suspicion that a customer has committed shoplifting may raise this argument. You have the right to hold the suspect while you conduct an investigation. The investigation needs to be conducted in an appropriate way and for a reasonable amount of time.
The details of a particular case will establish the “reasonableness.”
5. Parental Rights
It is legal for parents to reprimand their kids by methods that limit their mobility. “Grounding” them or enforcing “timeouts.”
You can legally restrict your kids against their will as long as they don’t suffer undue pain or damage. It guarantees that you aren’t operating maliciously or with criminal intent.
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By: Brad Nakase, Attorney
