The misdemeanor offense of false imprisonment under California Penal Code Section 237 (a) PC requires a prosecutor to establish the following elements: The defendant intentionally and unlawfully restrained, detained or confined another person The defendant made the person stay or go somewhere against that person's will. While the information contained on this website is believed to be accurate, it is not guaranteed to be correct, complete, or up-to-date and you should not act or rely upon any information or materials on this website without seeking the advice of an attorney licensed to practice in your jurisdiction. As described above, you could face felony charges of false imprisonment if violence, menace, fraud, or deceit was used in the restraint. You have the right to remain silent and refuse to answer questions. In this context, the defendant intends to falsely … Extortion….. PC 520. And PC 237b adds yet stiffer penalties should a 237a style false imprisonment have been committed against an elderly person or dependent adult. The punishment for false imprisonment of a hostage (Penal Code 210.5 PC) is harsher than the punishment for a general false imprisonment conviction.  First of all, it is automatically a felony.  Secondly, a Penal Code 210.5 PC conviction may result in anywhere from 3 to 8 years in county jail.  Additionally, the specific circumstances of your crime may further exacerbate charges and penalties.  For example, you may also face charges for battery, kidnapping, and even murder if the victim is killed during the false imprisonment.  If the victim is significantly injured, then the Penal Code 210.5 PC conviction might be subject to California’s great bodily injury enhancement.  This enhancement tacks an additional 3-6 years state prison on top of the sentence received for the base Penal Code 210.5 PC violation. (Generally, To Avoid an Arrest, Vs. Kidnapping), California law prohibits false imprisonment, which is governed by Penal Code 236 PC.  Penal Code 236 PC applies to false imprisonment in a general context.  Other laws govern false imprisonment in specific contexts.  For example, false imprisonment in the context of avoiding arrest or capture is governed by Penal Code 210.5 PC, which is described in detail in a section below.Â. The basic difference between PC 236 and PC 237a false imprisonment charges is that with the latter, an element of violence, menace, threat, deceit or fraud was involved and used in "forcing" the detainment of the victim. In addition, force and violence are. This is an advertising platform. Example: Luke is robbing a convenience store when the police arrive on the scene.  The police order Luke to come out with his hands up.  Instead, Luke grabs the cashier, Leia, and holds a knife to her throat as he walks out – keeping her in front of him and the police.  The police put their guns down because they don’t want Leia to get hurt.  Luke gets into his car and drives away, eventually leaving Leia at a nearby bus stop.  Again, the police do not follow for fear Luke might hurt Leia. California State Bar #273872. What is false imprisonment according to Penal Code 236 PC? If convicted, you could face up to one year in a county jail and a $1,000 fine. Definition of PC 210.5 False Imprisonment of Hostage. The court will need to … is required for a finding of both misdemeanor and felony false imprisonment, while. Attorney Rollins understands these things and is committed to seeking an outcome in each case that takes into account all of these factors. Copyright © 2019 Los Angeles Criminal Attorneys - All Rights Reserved, Registered DBA: Los Angeles Criminal Attorney. Under California Penal Code Section 236 PC it a crime to falsely imprison another person. Comm. evidence that the defendant acted lawfully. (People v. Babich (1993) 14 Cal.App.4th 801, 806-807 [18 Cal.Rptr.2d 60].) The period of detention is totally irrelevant. Contact Criminal Defense Attorney Gregory Rollins today for a free consultation. Your use of this website does not establish an attorney-client relationship between you and our attorneys. Give the bracketed words “and unlawfully” in element 1 on request if there is. Each and every confinement of the … PC 118a & 118(a) False Imprisonment….. PC 236, 237. (AB 109) Effective April 4, … You can begin building a defense against false imprisonment charges by contacting a criminal defense lawyer in Los Angeles. False imprisonment is a wobbler offense in California. Felony false imprisonment occurs when a person uses violence, menace, fraud, or deceit to violate the personal liberty of another. Posting Harmful Information on the Internet, Possession Of A Controlled Substance For Sale, Sales Or Transportation Of A Controlled Substance, Driving Under The Influence Of A Drug (DUID), Altering a Vehicle Identification Number (VIN) (Buying or Possessing Vehicles With Altered VIN Numbers), Deliberate Exposure To Communicable Infections, Vending Or Providing Alcohol To People Under 18 Years Of Age, Damaging Phone, Electrical, or Utlity Lines, Violating Protective Order & Restraining Order, Violating Protective Order Restraining Order. Insurance … In California, false imprisonment is charged under Penal Code 236 pc making it a crime to knowingly restraining the personal liberty of another. Misdemeanor false imprisonment is a lesser included offense of felony false imprisonment. 2011, Ch. 5. False Imprisonment and Human Trafficking [236 - 237] (Heading of Chapter 8 amended November 6, 2012, by initiative Proposition 35, Sec. On the other hand, the maximum exposure for misdemeanor false imprisonment is up to a year in county jail. One common form is through the process of a robbery. (b) False imprisonment of an elder or dependent adult by use of violence, menace, fraud, or deceit shall be punishable as described in subdivision (f) of Section 368. Pen. This can involve the use of force, unlawful restraint, bodily injury, traveling a substantial distance, and crossing state borders. This crime according to Penal Code 236 PC is the deliberate, unlawful violation of the personal liberty of another. False imprisonment is a legal term that refers to the restraining of a person without legal authority or justification. To prove malicious prosecution, the plaintiff must prove 3 things: 1. If convicted of felony false imprisonment, you will be facing up to … Criminal convictions can result in expensive fines, orders to pay restitution to an alleged victim, restrictive probation terms, court-ordered classes, and can result in significant time behind bars. False imprisonment can occur without the use of violence or even force. T The crime is a wobbler allowing the prosecutor to file misdemeanor or felony charges. False Imprisonment PC 236 (Penal Code 236),  Code Section: Penal Code 237 (click here to view the statute). If you are convicted of this crime, you face up to 364 days in county jail, a $1,000 fine or both jail and fine. For every case, Attorney Rollins develops a unique legal strategy that incorporates the needs of the client with the best possible legal defenses to the crimes charges to secure the best possible outcome for every client in every case. Â. … Counterfeiting….. PC 477. Example: Lisa drives a fancy, red BMW.  One day, while stopped at a red light, her door suddenly opens and Bart hops into the car pointing a gun at her. You have the right to consult an attorney Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. Code, §§ 236, 237. You won't find anyone better to defend your criminal matters. False imprisonment means violating the personal liberty of someone else in an unlawful way. There are a multitude of legal defenses to Penal Code 236 PC.  An experienced and diligent attorney can review the specific facts of your case to determine which defenses are available.  They can then develop an effective legal strategy that will maximize the best possible outcome for your case.  Some common defenses include: Penal Code 210.5 PC is more narrowly applied than California’s general law against false imprisonment (Penal Code 236 PC).  It only applies two specific situations.Â, First, Penal Code 210.5 PC applies to situations where you restrain, confine, or detain another person as a tactic to avoid an arrest.  Secondly, it applies to situations where you use another person as a human shield and that action results in a substantially increased risk of harm to them.Â. Unlike simple “false imprisonment,” false imprisonment of a hostage is a “specific intent” crime, meaning the defendant intends to do some further act or achieve some additional consequence. 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