Thursday, April 11, 2013

False Imprisonment Laws PENAL CODE 236 & 237 Criminal Defense Attorney

What is False Imprisonment in California?

The crime of False Imprisonment is found at California Penal Code Sections 236 & 237 PC. In order for the defendant to be found guilty of false imprisonment the prosecutor must show that:

1) The defendant intentionally restrained or confined another person by violence or threats of violence.
2) The defendant made the other person stay in the confined place or made the victim go somewhere without the victim's consent or without legal justification.

How much jail time can I get if I am charged with False Imprisonment (Penal Code 236)?

False Imprisonment can be charged as a felony or a misdemeanor in California. If the crime is charged as a misdemeanor the defendant can face up to a year in county jail. If the crime is charged as a felony the defendant can face up to 3 years in prison.

Closely related crimes to False Imprisonment include: 

Penal Code 237 PC, False Imprisonment with violence (Felony or misdemeanor with a maximum sentence of 3 years).

Penal Code 210.5 PC, False Imprisonment of a hostage (Felony with a maximum sentence of 8 years).

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of False Imprisonment in California (Penal Code 236 PC)?

There are too many defenses to the crime of False Imprisonment to list all of them here. Every case is different because the facts of every case are different. In general, it might be possible to reduce the False Imprisonment charge to a less severe charge, or it might be possible to reduce the amount of jail time associated with the False Imprisonment charge. 

For more information on defenses to criminal charges in general, including defenses to a charge of   False Imprisonment (Penal Code 236 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must if he or she is charged with a crime is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of False Imprisonment and possible defenses to the crime of False Imprisonment visit today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer consultations 24 hours a day 7 days a week.

909.913.3138 Call Today!

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