False Imprisonment PC 236 (Penal Code 236)
False Imprisonment PC 236 (Penal Code 236)
Crime: False Imprisonment
Code Section: Penal Code 237 (click here to view the statute)
Related CALCRIM: 1240, 1242
PC 236 Brief Summary:
Penal Code 236 defines false imprisonment as “the unlawful violation of the personal liberty of another.” Penal Code 237 then lays out the elements and punishment for false imprisonment. Felony false imprisonment occurs when a person uses violence, menace, fraud, or deceit to violate the personal liberty of another. Misdemeanor false imprisonment occurs when a person simply violates of the personal liberty of another without using violence, menace, fraud, or deceit. False imprisonment can be charged in a variety of cases, but one of the more common type of cases it is charged in are domestic violence cases. False imprisonment involves keeping someone somewhere against their will, but it is not required that a person in confined in a jail or prison. while kidnapping involved taking someone somewhere they do not wish to go against their will.
PC 236 Elements:
To prove someone guilty of this crime, the government must prove:
- The defendant intentionally restrained, confined, or detained someone (by violence, menace, fraud, or deceit);
- The defendant made the other person stay or go somewhere against their will;
- The defendant had the present ability to apply force with the weapon;
- The defendant did not act in self-defense.
PC 236 Punishment:
The punishment for felony false imprisonment is 16 months, two years, or three years in the county jail. On the other hand, the maximum exposure for misdemeanor false imprisonment is up to a year in county jail. In cases where a person has not been sentenced to prison, probation can be granted for this offense. Other fines, fees, and possible probation terms could be applied.
PC 236 Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. Misdemeanor false imprisonment is a lesser included offense of felony false imprisonment.
PC 236 Related Charges:
- Penal Code 136.1-Intimidating a Witness
- Penal Code 243(e)(1)-Domestic Battery
- Penal Code 245(a)(4)-Assault Likely to Produce GBI
- Penal Code 273.5(a)-Domestic Violence
- Penal Code 422-Criminal Threat
Have You Or A Loved One Been Charged With a Crime?
If you or a loved one has been charged with a crime, it is important to make sure that your rights (or those of your loved-one) are protected. Any criminal conviction can have a severe and far-reaching impact on a person’s future. Criminal convictions can result in expensive fines, orders to pay restitution to an alleged victim, restrictive probation terms, court-ordered classes, and can result in significant time behind bars. In short, a criminal conviction can have devastating and life-long consequences that impact and jeopardize every aspect of a person’s life from future job prospects, to family-life, to a person’s very freedom.
Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused and provide meaningful legal advice to his clients. Every client is unique. Each client has different needs. No two cases are exactly the same. Attorney Rollins understands these things and is committed to seeking an outcome in each case that takes into account all of these factors. For every case, Attorney Rollins develops a unique legal strategy that incorporates the needs of the client with the best possible legal defenses to the crimes charges to secure the best possible outcome for every client in every case.
Contact Criminal Defense Attorney Gregory Rollins today for a free consultation.
Charged with a violent crime?