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.