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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.













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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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