What Is False Imprisonment?
According to California law, false imprisonment is defined as intentionally and illegally detaining, restraining or confining a person(s) and forcing this person(s) to either go or stay somewhere against their will.
When Does False Imprisonment Become Kidnapping?
The line between false imprisonment and kidnapping is very thin. False imprisonment can turn into kidnapping when someone is moved unwillingly to another location. It should also be noted that if the victim is at all harmed physically, additional charges will be added to the original charge.
What Are The Consequences For False Imprisonment?
In California, false imprisonment is misdemeanor crime. If convicted of false imprisonment, you could be facing up to one year in jail and a fine up to $1,000. False imprisonment is a serious crime and can quickly turn into a kidnapping case, which is a felony charge. Don’t try and fight this yourself, you need an experienced criminal defense attorney by your side to ensure your rights are protected.
Common Defenses To False Imprisonment
False imprisonment charges are often subjective and claims can be falsified. Below are three common defenses against false imprisonment charges.
- You legally restrained the alleged victim.
- This can be true if you witness a crime, and detain the perpetrator until law enforcement arrives.
- Acting in “Good Faith”.
- If you believe someone is dangerous, either to themselves or others, you may detain this person until the authorities arrive. This is considered acting in “good faith”.
- You didn’t actually forcibly detain anyone.
Stories About False Imprisonment
A San Francisco sheriff recently plead guilty to domestic violence and false imprisonment against his wife. While the sheriff is not serving any jail time, he is required to pay a $590 fine, serve probation, spend a year in a domestic violence program and attend parenting classes. For the full story, click here.