False imprisonment is typically assumed to mean that someone was falsely held in prison or jail by a police officer or other member of law enforcement. But did you know that you could get charged with false imprisonment as well? Under the false imprisonment law, California prohibits the restrain of any person in a restricted area without his or her consent.
In fact, if the victim’s freedom of movement is at all limited, the person does not have to be in an enclosed area to be considered a victim of false imprisonment. Someone could receive this charge if they held the victim down while being beaten or if they stopped the victim from leaving and pulled the victim towards them violently. Clearly, this charge has a wide range of interpretation.
Being convicted of false imprisonment comes with serious consequences as well. You could face up to 3 years in prison and a $10,000 fine.
False Imprisonment of a Hostage to Avoid Arrest California Penal Code 210.5
California Penal Code 210.5 restricts a person from false imprisoning a hostage. A person’s ability to leave must be taken away. Penal Code 236 defines false imprisonment as “The unlawful violation of the personal liberty of another.” There are two possible ways to violate California Penal Code 210.5. They are 1) The person falsely imprisoned another to avoid arrest or 2) The person used another as a human shield. There are five common defenses under California Penal Code 210.5
Defenses
The five defenses under California Penal Code 210.5 are 1) There was no imminent threat of an arrest 2) There was no risk of harm to the victim (The person had no ability to harm the victim) 3) Consent 4) The person falsely imprisoned the victim because another has threatened to harm or kill if him or fails to imprison the victim 5) Self Defense and Defense of others (The person falsely imprisoned the victim to save the victim from harm or death).
Penalties
California Penal Code 210.5 is a felony by default. A person would face between three to eight years in California state prison.
If you or a loved one is convicted of false imprisonment, finding a good San Diego criminal defense attorney is essential to keeping yourself and others protected. Bradley R. Corbett and our team will create a unique defense to match the specific details of your case. We may argue that:
- you imprisoned someone in self-defense of yourself or others,
- you were forced to imprison someone under threat or duress,
- the alleged victim falsely made an accusation, or
- your restrict or confined your child, which is a parents’ right
As an experienced criminal defense attorney, Bradley R. Corbett has the results and experience to protect you and your loved ones. If you are facing this charge, call our San Diego law office today for a free case consultation.