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Los Angeles False Imprisonment Defense Attorneys

False Imprisonment Under California Law

California Penal Code 236

California Penal Code Section 236 defines false imprisonment as the unlawful restraint, confinement or detention of someone accomplished by violence or menace. The penalty for false imprisonment in California is up to three years in state prison-longer if someone is injured.

If you or someone close to you has been arrested for false imprisonment in Southern California, speak to a California criminal defense lawyer at our office for a discussion of the charges and possible defenses.

Here is what the state must prove in order to convict someone of false imprisonment in California (based on the California Judicial Council's Jury Instructions):

False Imprisonment Law

Penal Code Section 236

To prove that the defendant is guilty of false imprisonment, the prosecution must prove that:

    1. The defendant intentionally and unlawfully restrained or confined or detained someone or caused that person to be restrained or confined or detained by violence or menace;

    AND

    2. The defendant made the other person stay or go somewhere against that person's will.

    • Violence means using physical force that is greater than the force reasonably necessary to restrain someone.
    • Menace means a verbal or physical threat of harm, including use of a deadly weapon. The threat of harm may be explicit or implicit.
    • An act is against a person's will if that person doesn't consent to the act. Consent is when a person acts freely and voluntarily and knows the nature of the act.
    • False imprisonment does not require that the restrained person be in jail or prison.
    • "Violence" is a force above that reasonably necessary to establish the restraint.
California Criminal Law Explained.....
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If you or a loved one faces misdemeanor or felony charges, contact our California criminal defense attorneys for help. We'd be glad to meet with you for a free consultation at one of our local criminal law offices in Los Angeles, San Francisco, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside.

Burbank Office:
3500 West Olive Ave.
3rd Floor
Burbank, CA 91505
(818) 904-5863

Glendale Office:
450 North Brand
6th Floor
Glendale, CA 91203
(818) 904-5863

Long Beach Office:
444 West Ocean Blvd.
Suite 800
Long Beach, CA 90802
(562) 633-8155

Los Angeles Office:
5670 Wilshire Blvd.
Suite 1350
Los Angeles, CA 90036
(310) 860-5605

Newport Beach Office:
4590 MacArthur Blvd
5th Floor
Newport Beach, CA 92660
(949) 644-4692

Pasadena Office:
790 East Colorado Blvd.
9th Floor
Pasadena, CA 91101
(626) 345-0983

Rancho Cucamonga Office:
3200 Guasti Road
Suite 100
Ontario, CA 91761
(909) 483-2814

Riverside Office:
4480 Main Street
Riverside, CA 92501
(951) 734-5216
 

San Bernardino Office:
198 N. Arrowhead Ave.
San Bernardino, CA 92408
(909) 863-5500

San Francisco Office:
101 California Street
Suite 2450
San Francisco CA 94111
(415) 333-0300

Santa Ana Office:
500 North State College Blvd.
Suite 1100
Orange, CA 92868
(714) 288-9455

Van Nuys Office:
15303 Ventura Boulevard
9th Floor
Sherman Oaks, CA 91403
(818) 904-5863

Ventura Office:
2625 Townsgate Road
Suite 330
Westlake Village, CA 91361
(805) 648-1680

If you'd like further assistance...

Join us to discuss your DUI case at any of our
local offices: You can also contact us 24/7 at
888.327.4652 for a free consultation

West Covina Office:
100 N. Barranca Ave
West Covina, CA 91791
(626) 345-0983
 

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Inland Empire False Imprisonment Attorney Disclaimer: The violent crimes, assault, battery, robbery, murder, theft crimes, sex crimes, drug crimes, criminal defense, felony or other legal defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Our criminal defense law firm serves the following communities, among others: Los Angeles County, California, Agoura, Alhambra, Bellflower, Beverly Hills, Burbank, Calabasas, Century City, Chatsworth, Compton, Culver City, Diamond Bar, Downey, El Segundo, Encino, Glendale, Glendora, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Inglewood, Los Angeles Lawyer, La Canada, Long Beach, Los Angeles Attorney, Malibu, Manhattan Beach, Marina Del Rey, Norwalk, Palos Verdes, Pasadena, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Marino, San Pedro, Santa Clarita, Sierra Madre, Santa Monica, South Gate, South Pasadena, Sylmar, Torrance, Universal City, Valencia, Van Nuys, West Covina, West Hollywood, Walnut, Westchester, Westlake Village, Whittier, Woodland Hills, California, Orange County Criminal Defense Attorney and DUI lawyer for Orange County; Attorney and DUI lawyer San Bernardino County, California, Ontario, Rancho Cucamonga, Fontana, Redlands, Upland, Riverside, Corona, Norco, Santa Barbara County, Santa Barbara.

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