False Imprisonment (Penal Code § 236) in California

False imprisonment charges in California often come as a surprise. You don’t need to lock someone in a room or use force to get arrested under Penal Code § 236. Even blocking someone’s movement, taking their phone, or preventing them from leaving a space — intentionally and without legal authority — can be enough. These charges are often filed alongside domestic violence or kidnapping allegations, which only raises the stakes.

If you’re being accused of false imprisonment, you need a defense team that knows how to challenge vague accusations and put the situation in context. One wrong move early in the case can define the outcome. We help people avoid that mistake — and take back control of their future.

What Does Penal Code § 236 Cover in California?

Under California Penal Code § 236, false imprisonment is defined as “the unlawful violation of the personal liberty of another.” This broad definition covers various scenarios where someone’s freedom of movement is restricted without legal justification.

For a conviction, prosecutors must prove several key elements:

1. You intentionally and unlawfully detained, restrained, or confined another person
2. Your actions made that person stay or go somewhere against their will
3. You acted without legal authority to do so

False imprisonment can occur in many settings. Common examples include:

• During domestic disputes, when one partner physically prevents the other from leaving
• In a vehicle, when a driver refuses to let passengers exit
• When someone is confined to a room, even temporarily
• Through threats that make someone afraid to leave

The offense doesn’t require physical restraint—intimidation, threats, or even fraud can constitute false imprisonment if they prevent someone from exercising their freedom of movement.

Misdemeanor vs. Felony False Imprisonment

Under Penal Code § 237, false imprisonment is a “wobbler” offense that can be charged as either a misdemeanor or a felony:

• Misdemeanor false imprisonment: Generally charged when the restraint occurs without violence, menace, fraud, or deceit
• Felony false imprisonment: Charged when the restraint involves violence, menace, fraud, or deceit

The legal definitions of these terms are important:

• Violence: Using physical force beyond what’s reasonably necessary to restrain someone
• Menace: Making verbal or physical threats that cause fear, which can be express or implied
• Fraud: Using deception to cause someone to be confined
• Deceit: Similar to fraud, involving dishonesty that leads to confinement

For example, locking someone in a room constitutes false imprisonment, but the charge level depends on whether threats or violence were used to accomplish it.

Penalties for False Imprisonment Convictions

The consequences of a false imprisonment conviction vary based on the charge level and any aggravating factors.

For misdemeanor false imprisonment, penalties include:

• Up to one year in county jail
• A fine of up to $1,000
• Possible probation

For felony false imprisonment, penalties increase to:

• 16 months, 2 years, or 3 years in “local prison” (county jail)
• A fine of up to $10,000
• Possible formal probation

Several factors can enhance these penalties:

• If the victim was elderly (65+) or a dependent adult, the maximum sentence increases to 4 years
• If a firearm was used, an additional 10 years can be added to the sentence
• If a firearm was discharged, an additional 25 years could be added

A conviction also carries collateral consequences, including a criminal record that may affect employment, housing, and professional licensing opportunities.

Effective Defenses Against False Imprisonment Charges

Several defense strategies may be effective against false imprisonment charges depending on the specific circumstances.

Consent

If the alleged victim consented to the restraint or confinement, there’s no false imprisonment. Consent must be freely given and not obtained through coercion, fraud, or deceit.

Legal Authority

Some people have legal authority to restrict others’ movement in certain situations. This includes:

• Police officers making lawful arrests
• Security personnel in some circumstances
• Parents restricting their minor children’s movement as reasonable discipline

Self-Defense or Defense of Others

If you reasonably believed restraining someone was necessary to protect yourself or others from harm, this may serve as a valid defense.

Shopkeeper’s Privilege

Store owners and employees have limited rights to detain someone they reasonably suspect of shoplifting, but only for a reasonable time and in a reasonable manner to investigate.

Lack of Intent

False imprisonment requires intentional restraint. If the restriction was accidental or unintentional, this may be a valid defense.

False Accusations

In some cases, particularly domestic disputes, false accusations may arise from anger, jealousy, or misunderstandings.

Courts recognize that not all restraint situations constitute false imprisonment, especially when consent was given, legal authority existed, or the restraint was necessary for safety reasons.

Related Offenses to False Imprisonment

Several crimes are closely related to or frequently charged alongside false imprisonment:

Kidnapping (Penal Code § 207/209)

Kidnapping involves moving a victim a substantial distance using force or fear. Unlike false imprisonment, kidnapping requires movement. Penalties range from 3-8 years for basic kidnapping, with higher penalties for aggravated forms.

False Imprisonment of a Hostage (Penal Code § 210.5)

This occurs when someone holds another person to shield themselves from arrest or to use them as a hostage. This is always a felony, punishable by up to 8 years in prison.

Child Abduction (Penal Code § 278)

Taking a child away from their legal guardian when you have no right of custody is child abduction. Like false imprisonment, this is a wobbler offense.

Criminal Threats (Penal Code § 422)

Making credible threats that place someone in reasonable fear for their safety often accompanies false imprisonment charges.

The distinctions between false imprisonment and these related crimes often hinge on specific details—the distance a victim was moved, whether they were used as protection against law enforcement, or if the restrained person was a minor.

FAQs About False Imprisonment Charges

Can false imprisonment occur without physical restraint?

Yes, false imprisonment can occur through threats, intimidation, or even fraud that causes someone to believe they cannot leave.

Can I be charged with false imprisonment during a domestic dispute?

Yes, domestic disputes frequently lead to false imprisonment charges when one person prevents the other from leaving during an argument, either through physical restraint, threats, or blocking exits.

What’s the difference between kidnapping and false imprisonment?

The main difference is movement—kidnapping requires moving the victim a substantial distance using force or fear, while false imprisonment only requires restraining someone’s freedom of movement without legal justification.

Can I still be charged if I only held someone for a few minutes?

Yes, there’s no minimum time requirement for false imprisonment. Even brief periods of unlawful restraint can lead to charges.

Get Legal Help for False Imprisonment Charges

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.