The crime of false imprisonment is often charged in domestic violence cases.
Penal Code section 236 defines false imprisonment as “the unlawful violation of the personal liberty of another.”
Penal Code section 236.1 defines a violation of personal liberty as:
“[U]nlawful deprivation or violation of the personal liberty of another includes substantial and sustained restriction of another’s liberty accomplished through fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.”
In other words, someone who prevents the movement of another person, and violates their personal liberty or ability to make decisions as to where they can go you can be convicted of the crime of false imprisonment. False imprisonment is punishable by up to one year in the county jail and a thousand dollar fine. If the false imprisonment is effected by violence, menace, fraud, or deceit, a conviction can result in state prison for sixteen months, two years, or three years.
If you have been charged with false imprisonment or any domestic violence crime you need attorney Lance Jacot representing you. You can contact The Jacot Law Firm 24 hours a day toll free at 888-823-4883.