False Imprisonment Charges In San Diego: Seek The Help Of An Experienced Attorney

When a spouse grabs onto the arm of their partner in an attempt to prevent them from leaving, they run the risk of being charged with false imprisonment in addition to domestic violence charges. This happens to good people in California on a regular basis who find themselves facing multiple criminal charges as the result of a marital argument or drunken outburst. Once the police arrive, someone is going to jail and the prosecutor will be looking to bring charges.

According to sections 236 and 237 of the penal code, false imprisonment is “the unlawful violation of the personal liberty of another.” Prosecutors in domestic violence cases will be looking to prove that the accused restrained another person and that their conduct actually prevented the person from moving or leaving the situation.

In some cases, false imprisonment could literally mean being locked in a specific room. For instance, in domestic violence cases, the alleged abuser might lock the doors to a room, an apartment or a house to keep the victim inside. Exits may be intentionally blocked or sealed off. In extreme cases, the victim could even be held down or tied up to prevent them from leaving.

However, false imprisonment can also occur if the person is prevented from leaving in less direct ways. For example, their partner may take their phone, driver’s license and car keys. This is done to prevent them from contacting anyone for help or finding a way to leave. While the person may still be free to move about the property, they have effectively been falsely imprisoned within it. False imprisonment may also include threats, such as the threat to injure the victim or a family member – such as their child – should they try to leave.

What Are The Penalties For False Imprisonment?

In California, false imprisonment is often governed by California Penal Code Section 236. Many of these cases qualify as misdemeanor crimes. Those convicted of a misdemeanor could face a fine of up to $1,000 and may also be sentenced to a term in the county jail for a maximum of one year. Often, the court determines whether to impose a fine, jail time or both. The specific sentence used may depend on the details of that case.

However, false imprisonment can be escalated to a felony charge. This typically occurs when there is an element of deceit, fraud, menace or violence. For example, using the threat of physical violence – or using a firearm or another potentially deadly weapon – to detain someone is considered more serious than simply locking them within the property. If charged as a felony, the possible prison term can last up to three years. Additionally, a felony conviction will remain on a person’s record for life, potentially impacting their educational opportunities, employment prospects and more.

It is difficult to prove false imprisonment, so why do prosecutors bring these charges? The reason they add charges such as false imprisonment, battery and dissuading a witness to domestic violence charges is to gain leverage. They use the presence of multiple criminal charges to negotiate a plea agreement, providing them with the conviction they want while removing the additional charges.

False Imprisonment Penal Code 236

False Imprisonment.  It sounds like a hostage situation in a movie.  Unfortunately, False Imprisonment is a very common charge involved in a Domestic Violence situation.  Call the Premier Domestic Violence Law Group if you find yourself charged with this crime at 619-752-3702.

At Premier Domestic Violence Law Group, based in San Diego, we are led by a former criminal prosecutor who knows the games the prosecution will play. We use that perspective to stay one move ahead of them and get the best possible outcome for our clients. The time to act is now if you face false imprisonment or other charges related to a domestic violence case. Contact us for a free consultation.