A Marin County False Imprisonment Lawyer Explains False Imprisonment Offenses
False imprisonment is the offense of unlawfully restraining, confining or detaining a person against their will. It can be charged as a misdemeanor or a felony, resulting in harsh penalties if convicted. If you have been charged with false imprisonment, you must take immediate action to protect your rights and options. The sooner you contact a Marin County false imprisonment lawyer, the better your chances of a successful outcome.
Examples of False Imprisonment in California
Most people do not understand what they have been accused of when charged with false imprisonment. It may be helpful to, therefore, review some common situations that can result in a false imprisonment charge:
- Grabbing someone by the arm during an argument and preventing them from leaving the room
- Locking someone in a room or house to prevent them from leaving
- Tying someone to a bed or chair
- Keeping them in a moving vehicle and refusing to stop and let them out
The California Penal Code defines false imprisonment as the “unlawful violation of the personal liberty of another.” This broad definition allows law enforcement to charge defendants with false imprisonment in a very wide range of situations. A Marin County false imprisonment lawyer can determine whether the prosecution has enough evidence to support the charge.
Misdemeanor vs. Felony False Imprisonment
False imprisonment is known as a “wobbler” offense under California law. This means that it can be charged as either a misdemeanor or a felony offense. A misdemeanor offense means that you face up to one year in jail, while a felony offense can result in a longer sentence. To convict you of misdemeanor false imprisonment, the prosecution must prove the following elements:
What the Prosecution Must Prove
To convict you, the prosecution must prove the following elements:
- That you intentionally restrained, detained, or confined another person; and
- The restraint made the victim go or stay somewhere against their will.
Note that “restrain, detain, or confine” can include a variety of conduct, including actions that are not necessarily harmful or violent. As a result, you can be charged with misdemeanor false imprisonment if you prevented someone from leaving in any manner without their consent.
For a felony false imprisonment charge, the prosecution must prove the elements above with a very important addition: the imprisonment was done by violence, menace, fraud, or deceit. A few points to consider:
- Any amount of physical force that is greater than necessary to restrain someone can be considered “violent.”
- “Menace” can include a verbal or physical threat of harm, including both express or implied threats. Brandishing a knife, for example, could be considered a “menace” for purposes of a felony false imprisonment charge.
- Fraud or deceit can include conduct that is neither violent nor menacing. It consists of misrepresenting facts or circumstances in order to prevent someone from leaving.
Whether it is a misdemeanor or a felony, facing any criminal charge can be overwhelming. It is important to remember that the prosecution must prove its case beyond a reasonable doubt, the highest standard of proof in our legal system. As a result, a conviction is not guaranteed. An experienced Marin County false imprisonment lawyer can challenge the prosecution’s case and aggressively defend your freedom.
False Imprisonment Is a General Intent Crime
A general intent crime is one where the prosecution has to prove that the defendant had the specific intent to commit the crime. Instead, they only need to prove that the defendant engaged in intentional conduct that resulted in the crime.
In the context of a false imprisonment charge, you can be charged with false imprisonment if you did not intend to unlawfully detain the other person. For example, you could be charged with false imprisonment if you threatened to harm someone, even though you never prevented the other person from leaving. Similarly, you could be charged with false imprisonment if the other person believed they could not leave based on an intentional misrepresentation you made to them.
Potential Penalties of a False Imprisonment Conviction in California
The penalties will depend on whether you are facing a misdemeanor or felony false imprisonment charge. A misdemeanor charge carries the following potential punishment:
- Up to one year in jail
- A fine of up to $1,000
A felony conviction carries much higher penalties:
- 16 months, two years, or three years in county jail
- A fine of up to $10,000
However, defendants should be aware that there are factors that could lead to an enhanced sentence:
- You could face up to four years in county jail if the victim was elderly or a dependent adult
- You could face anywhere from four years to life if the false imprisonment was done in connection with gang activity
- You could face up to 10 years in prison if a gun was used, up to 25 years if the gun was discharged
- You could face up to life in prison if the victim was seriously injured as a result of the use of a firearm
Even a misdemeanor charge could have devastating consequences. Whether you are facing a misdemeanor or felony charge, contact a Marin County false imprisonment lawyer before it’s too late.
What’s the Difference Between False Imprisonment and Kidnapping?
Kidnapping and false imprisonment are closely related crimes. Kidnapping involves moving the victim a “substantial distance” by use of force or fear. Prosecutors will often charge or threaten to charge defendants with kidnapping charges in an attempt to get them to plead guilty to the lesser charge of false imprisonment. If you are in this situation, keep in mind that they may be asking you to confess to a crime you didn’t commit. Whether you have been accused of kidnapping or false imprisonment, you need to contact a lawyer as soon as possible.
Speak with a Marin County False Imprisonment Lawyer Today
At Brownstein Law Group, we know what it takes to get a fair result. If you have been charged with false imprisonment, contact a Marin County false imprisonment lawyer today to schedule a free consultation.