FALSE IMPRISONMENT, (Penal Code 236)
False imprisonment (PC 236) is a wobbler, which means that it can be charged as either a felony or misdemeanor. What makes false imprisonment cases complicated, which may help the defendant, is that the facts oftentimes make it questionable whether the defendant restrained the movement of the alleged victim. A top criminal defense lawyer will help establish that the defendant did not get in the way of the alleged victim’s movement.
Elements of False Imprisonment, PC 236
In order to prove that a defendant is guilty of False Imprisonment, the prosecutor must prove 2 things:
1. the defendant intentionally restrained, confined, or detained the victim
OR
the defendant compelled the victim to stay or go somewhere
2. the defendant’s act of offense was against the victim’s will
JAIL TIME
If False Imprisonment (PC 236) is charged as a felony, the maximum exposure is 3 years in state prison. If it is charged as a misdemeanor, the maximum sentence is 1 year in county jail.
Defenses
An effective defense against False Imprisonment (PC 236) is that the accuser was free to leave at anytime because the defendant did not restrict the accuser’s movement in any way. For instance, Jim and Michael get into a heated argument over an accusation. Michael was standing next to the exit, but Michael never blocked the exit or tell Jim that Jim could not leave.
A good criminal defense lawyer may also argue that the accuser’s story about the False Imprisonment allegation does not hold up and has many inconsistencies. Keep in mind that many false imprisonment cases arise from very heated situations, and in heated situations, two people can have very different recollections of what actually happened.
Call the Nghi Lam Law Firm and Speak To A Criminal Defense Lawyer About Your False Imprisonment (PC 236) Case
If you or a loved one has been charged with a violation of Penal Code 236 (False Imprisonment), call the Nghi Lam Law Firm and speak directly to a criminal lawyer. We take pride in caring for our clients and fighting aggressively for them in court. The Nghi Lam Law Firm fights criminal cases in Orange County, Los Angeles County, San Bernardino County, and Riverside County. Call us at 213-235-7969 and speak directly to a criminal defense lawyer.
