Those not involved in the law field often assume that false imprisonment and kidnapping are two names for the same crime. The truth is that the California Penal Codes that outline these offenses highlight the legal distinctions between false imprisonment and kidnapping. Keep reading to get the facts and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
False imprisonment
The prosecutor must establish beyond a reasonable doubt that the accused individual did the following to be found guilty of false imprisonment:
- Detained, restricted, or confined another person on purpose.
- The individual was then compelled to remain in a certain area for an extended length of time.
- This act was carried out against the will of the individual who was restrained.
- The victim was harmed in some way as a result of the conduct.
- The victim’s injuries were caused in part by the actions of the perpetrator
Kidnapping:
The prosecutor must show the following in order to get a conviction in a kidnapping case:
- The accused kidnapped a person forcefully or by inducing terror in another person, stealing, taking, holding, detaining, or arresting them
- The perpetrator is guilty of transferring them to another nation, state, county, or other place
Cases in which it is alleged that the accused hired, persuaded, lured, decoys, or seduces any kid under the age of 14 to leave the country, state, or county, or another part of Los Angeles County, using false promises or misrepresentations.
The distinction between the two counts is that in kidnapping, the victim is relocated, but in false imprisonment, the victim is detained in one spot without being relocated to another nation, state, county, or region the county.
The penalties for false imprisonment charges
Whether the charges are a misdemeanor or a felony, the penalties imposed in a conviction will reflect this. Fines of up to $1,000 and up to one year in prison can be imposed in a misdemeanor conviction. False imprisonment as a felony carries significantly harsher penalties, including up to three years in jail.
Kidnapping charges and penalties
Kidnapping is a criminal violation that can result in up to 8 years in state jail and $10,000 in fines, or both. For people with a past criminal record, this is a “three strikes” charge that can result in harsher punishment.
Defense techniques
If you are accused with false imprisonment, you must get the services of a criminal defense attorney to safeguard your rights, interests, and pursue a positive conclusion. The following are some possible defense strategies:
- There is insufficient proof
- The person who says he or she was falsely imprisoned granted implied or explicit agreement
- The conduct was carried out in self-defense, and the individual was detained as a result of threats or acts that posed a genuine threat
- False claims were made, and the incident never happened
Defenses against kidnapping include:
- There is insufficient proof
- False claims were made, and no kidnapping took place
- The act was done with the person’s permission
- The accused victim was not transported a significant distance, as would be required for a kidnapping allegation
- The act was not carried out by the accused
- Your parental rights permitted you to relocate a youngster to a new place
If you have been charged with either, contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
