What can I do about False Imprisonment?

False imprisonment is the unlawful violation of the personal liberty of another. The punishment for false imprisonment can be a fine not exceeding one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment.

The penalty for false imprisonment increases when if the false imprisonment is done by violence, menace, fraud, or deceit. In these situations, then the punishment can be jail time for 16 months, or two or three years. If the false imprisonment is done to a certain class of persons, such as an elderly person or a dependent adult, then the penalty for a conviction is further increased.

When a person is accused of false imprisonment, a state prosecutor must prove that the person intentionally and unlawfully restrained, or detained, or confined another person, and that the accused person made the other person stay or go somewhere against that person’s will. An act that can be considered done against a person’s will is one that a person does not consent to such an act. In order to consent, a person must act freely and voluntarily and know the nature of the act. It is not necessary that the prosecutor show that the alleged victim of false imprisonment be confined in jail or prison.

If the false imprisonment is said to one done by violence or menace, the prosecutor must prove the violence or menace used. Violence means physical force that is greater than the force reasonably necessary to restrain someone. Menace means a verbal or physical threat of harm. That includes the use of a deadly weapon.

Any charge of false imprisonment, whether it is labeled as a misdemeanor or felony, is a serious charge. You need the experience of the Gonzalez Law Firm to help defend you or someone you know who is being charged with this crime. It is important to speak to OC Santa Ana Criminal Defense Attorney David Gonzalez immediately. He will provide you with a confidential consultation and explain the defenses that can be used to fight against these charges. Call Now.

Personal Injury Lawsuits when Assaulted

Insights from a Personal Injury & Defense Lawyer Who You Can Trust

Can I file an injury lawsuit if I am assaulted?

If you have been physically assaulted by illicit touching of another person, you may seek compensation for an assault and battery injury. Assault cases are often considered to be criminal acts, but if you have suffered an injury it may also be construed as a personal injury claim. Seek legal advice from an experienced personal injury attorney like David Gonzalez who will take the time to meet with you in person to discuss the specifics of your case and your legal rights.

Assault and Battery

Assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim. Battery is the actual touching or striking another person. If the victim has not actually been touched, but only threatened, then the crime is assault. If the victim has been touched in a painful, harmful, violent, or offensive way by a person this might be battery. Even a minor touching can qualify as battery providing it is painful, harmful, or offensive to the victim.

An assault includes three factors:

  • An intentional threat to cause injury to another by force.
  • Circumstances that create in the other person a fear of being harmed.
  • The person’s ability to go through with the act if not prevented.

The most common assault and battery cases range from fights between students at school, fights between neighbors or fights in public places such as bars or sporting events. Other more serious cases result from domestic violence disputes, rapes and sexual assaults or police brutality. If you have been the victim in any of these situations, contact a Santa Ana injury lawyer who has experience with assault and battery cases and knows how to help you deal with this hardship.

Anyone can sue for assault through a criminal defense lawyer or personal injury attorney, but the highest recovery comes from assault charges that result in serious personal injuries. Serious injuries may include being slugged in the face, hit in the temple, getting stabbed or being shot. They also usually involve a weapon of some type such as a crowbar, bat, knife, or gun. Finally, an attack classified as a hate crime is a serious assault and battery case.

If you have been injured injured due to an assault, get honest counsel from a reputable and competent attorney like David Gonzalez. Call us today to discuss the specifics of your case and your legals rights.

What You Should Do when You are in a Car Accident

Helpful Guide On What Do When You are Involved in a Car Accident

Car accidents: Nobody really wants to be in one. In Southern California, the chances in being in a car accident are huge. The freeways and streets of Southern California are often congested with traffic and by distracted and careless drivers. In the event you happen to meet up with one of these types of drivers “by accident” what should you due in case of a car accident.

Here are some tips when you are involved in a car, motorcycle or truck accident while driving on the streets or freeways of California:

  1. Remember, if possible, pull over to the shoulder of the road or somewhere safe in order to exchange information. You want to do that as soon as possible. You want to be careful not to drive too far away from the scene so that nobody can claim you were trying to leave the scene of the accident. If in fact there is an emergency (for example, serious car damage or somebody is hurt or injured), then call 911 for emergency assistance.

  2. Be polite. Exchange your identification, driver information and insurance information. That’s about all you need to do. Don’t get into the details of the accident much with the other driver.

  3. Never admit you were at fault. Sometimes there is more to the story of an auto accident than meets the eye. Was the other driver speeding? Was the other driver using his or her cell phone while driving? Was the other driver distracted for some reason (kids or pets in the car that may have distracted the driver)? There can be other factors that you may not be aware of that could have contributed to the actual auto accident. Again, it is generally enough to just exchange information rather than try to figure out whether you or the other driver caused the car, motorcycle or truck accident.

  4. If you are hurt in anyway, seek medical attention. Call the police from the scene so that they can assist with the investigation of the accident and so they can assist you with getting emergency medical assistance at the scene. Even If you decline to receive emergency medical attention at the scene, the police can at least note the fact that you had complaints of pain or discomfort in a police report. This notation keeps a record of the fact you did complain of injuries, especially when a representative for an insurance company doubts that such an injury event did occur.

  5. Be wary of an insurance company representative calling you on behalf of the other driver. Even if the accident is not your fault, an insurance company representative or adjuster for the other driver will want to confirm what occurred in the accident with the hope of using some fact for its advantage. Although insurance companies have taken positive strides to handle insurance claims fast and effectively, insurers still have their interests in mind over that of a person making a claim against them. Be especially careful when an adjuster or representative wants to make an in-person quick settlement offer to pay you for any kind of injury you claim you have. Some insurance companies may offer an initial up front settlement offer along with a promise to pay your future medical bills as long as you agree to sign a settlement release that promises to pay those future medical bills up to a certain amount (for example $2000 or $3000 for medical bills). Those releases also say that the injured person promises to give up his or her right to make a claim for pain and suffering in exchange to receive that future medical benefit. Sometimes the value of an award or compensation for pain and suffering is worth more than a promise for future medical benefits. The point to remember is that you do not have to agree to any injury settlement offer that is made within days of a car accident. It is best to make certain from your medical doctor or providers the extent of your injury before you decide to accept a quick upfront settlement offer from an insurance company representative of the other driver.

  6. Consult with an experienced auto injury accident attorney. Injury attorneys often know the tactics used by insurance companies to avoid paying what really is fair and reasonable for damages caused by someone at fault. Injury attorneys can monitor the progress of an auto injury claim, as well as to get an insurance company to make a decision quickly. Some insurance companies often delay the investigation, or are too backlogged in which to move the claim handling process for the repairs of your car, or for payment of your rental expense while your own car is in the repair shop. Injury attorneys can also make sure you are able to get the medical treatment you need for your injuries, and while your injury claim is in process. Injury attorneys can often negotiate an injury settlement on your behalf after they have submitted all your medical reports and bills to an insurance company. In the event an insurance company is not willing to fairly negotiate a settlement for an injury claim, an experienced auto accident attorney can then file the necessary legal documents in court in order to begin the litigation process for an injury claim.

The Gonzalez Law Firm, Attorney David Gonzalez, has well over 20 years handling auto injury/personal injury claims. He has earned his clients substantial injury compensation settlements and awards in the millions over his many years of handling auto injury accidents. Call him to schedule an appointment in order for him to put his years of experience to work for you. You will receive personal and professional attention. He can assist you during such a stressful time. Car accidents can be stressful. You can lose time from work or lose money because of medical expenses that you did not foresee. Mr. Gonzalez will make certain that you are treated fairly by an insurance company. He serves the Orange, Los Angeles, and Riverside Counties of Southern California. He can even meet you where you live if it is necessary. His clients come from all cities such as Santa Ana, Anaheim, Fullerton, Whittier, Riverside or San Bernardino.