What Does False Imprisonment Mean under California Laws?

The store security guard orders you to their office. Your spouse blocks the door so that you can’t leave during an argument. A police officer says you have to wait in the back of the patrol car for a few minutes. You’re stuck somewhere against your will.

Have you just become the victim of false imprisonment?

What is the Definition of False Imprisonment?

California law defines false imprisonment as the unlawful violation of the personal liberty of another. To convict someone for false imprisonment, a prosecutor must prove that the victim was:

• Restrained, confined, or detained without consent
• For a period of time
• Harmed by the restraint, confinement, or detention

False imprisonment can range from brief detentions to hours’ or days’ long captivities. It can be as quick as someone grabbing someone’s arm as they walk away. You don’t have to force someone to go anywhere to falsely imprison them.

What Is the Difference Between False Imprisonment and Kidnapping?

The crucial distinctions between statutory false imprisonment and kidnapping in California are:

False imprisonment does not require the victim to be moved.
False imprisonment does not require the use of force or fear.
To commit kidnapping, you must do all of the following:

• Take, hold, detain, or arrest someone;
• Through force or by instilling fear; and,
• Move them a substantial distance.

False imprisonment can entirely occur in the same location, while kidnapping must include a change of location. Additionally, kidnapping involves the use of force or fear. While you can falsely imprison someone without using force or fear, you can be subject to harsher penalties if these were involved.

What is the Punishment for False Imprisonment in California?

Under California law, a charge of false imprisonment is a “wobbler.” This means that the crime can be charged as either a misdemeanor or a felony, depending on the circumstances. Typically, false imprisonment is a misdemeanor, but the following factors may raise the charge to a felony:

• If the victim is elderly;
• If the victim is a dependent adult;
• If the false imprisonment if done through violence, menace, fraud, or deceit; or,
• If the false imprisonment is part of a hostage situation.

Misdemeanor false imprisonment in California is punishable by up to a year in jail and a $1,000 fine. Felony false imprisonment is generally punishable by between 16 months and 3 years in prison. However, if an elderly or dependent adult was falsely imprisoned, jail time can range from 3 to 7 years. When the victim was severely harmed or killed, you should expect a higher sentence.

What are Possible Defenses to a False Imprisonment Charge?

If you’ve been charged with false imprisonment in California, you can use numerous arguments to defend yourself. Possible defenses include:

• You had the legal authority to restrain the person;
• The person claiming to be falsely imprisoned consented to the restraint;
• The restraint was in self-defense;
• You are a shopkeeper and had probable cause to believe the person you restrained was shoplifting; or,
• You were exercising your parental rights to discipline and did not cause harm.

All of the defenses are subject to standards of reasonableness and care. For example, a department store manager cannot generally confine you for ten hours because they thought you took a shirt.

If you’ve been accused of false imprisonment, the Chambers Law Firm can help you determine which defenses apply to your case. With experience as both a prosecutor and a criminal defense attorney, Dan E. Chambers has the necessary knowledge and skills to obtain a favorable outcome. To learn more or schedule a free initial consultation with a criminal attorney in Orange County, CA, contact our firm today at 714-760-4088 or dchambers@clfca.com.