False Imprisonment | California Penal Code 236 PC

Posted on March 11, 2017

Overview of False Imprisonment in California

False imprisonment is charged under California Penal Code 236 pc making it unlawful to obstruct the personal liberty of another.[1] It is ordinarily punishable as a misdemeanor carrying up to one (1) year in the county jail. However, if the false imprisonment was affected by violence, menace, fraud, or deceit, it is punishable as a felony carrying up to three (3) years in the county jail.

False imprisonment contains elements the district attorney is required to prove:

• You intentionally and unlawfully restrained, detained, or confined another;
• You made the other person stay or go somewhere against their will.[2]

Providing Effective Defense for False Imprisonment Charges

We provide the highest level of criminal defense to those facing false imprisonment accusations. We do not believe that the mere filing of charges in any way reflects the character of the accused. Understandably, people are placed in different situations that they cannot control and arrests result from either an accident or the product of misfortune. Gathering the facts and devising an effective legal strategy requires an open dialogue and trust between both sides. Although every case carries different facts and considerations, we ensure our defense consists of exploring every avenue such as suppressing improperly obtained evidence, discrediting government witnesses, and conduct our own independent defense investigation.

Contact an Orange County False Imprisonment Lawyer

If you have been arrested or charged with false imprisonment (PC 236) in Orange County, then there’s no question that early intervention by a respected Orange County criminal defense attorney is important to defend your rights. The longer one waits, the more liable critical evidence to mount in your defense becomes lost, destroyed, or is no longer available. Contact us today to schedule your free confidential case evaluation.

Legal References:

[1] False imprisonment is the unlawful violation of the personal liberty of another.

[2] https://www.justia.com/criminal/docs/calcrim/1200/1242.html