False imprisonment involves detaining, restraining or confining someone without their consent
Picture this scenario: you’re in a fight with your partner and they try to leave the room in the middle of the argument. Angry, you grab you partner’s shoulders and prevent them from leaving the room. Could you be charged with a crime?
According to a criminal attorney in Orange County, CA, you could be charged with the crime of false imprisonment for doing this. This offense is defined as the unlawful violation of the personal liberty of another. When you restrain, detain, or confine another person without their consent, you could be charged with this offense. It may occur with or without the use of force or violence.
There are five elements of the crime of false imprisonment. A prosector must prove each of these elements beyond a reasonable doubt in order to convict a person of this crime:
- The defendant intentionally restrained, detained or confined someone;
- The restraint, detention, or confinement forced the victim to stay or go somewhere for some length of time, however short;
- The victim did not consent;
- The victim was actually harmed; and
- The defendant’s conduct was a substantial factor in causing the victim’s harm.There are
many ways that a person cause falsely imprison someone, such as through the use of force or the threat of force, by physical barriers (such as a locked door) or through fraud or deceit. Importantly, the person being imprisoned does not even have to be aware that they have been restrained, confined, or detained.
False imprisonment is a wobbler offense, which means that it can be charged as either a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history. As a misdemeanor, it is punishable by a fine of up to $1,000 and/or a maximum jail term of 1 year. If it is charged as a felony, it could lead to a jail term of up to 3 years.
There are a number of possible defense to false imprisonment that a skilled criminal attorney in Orange County, CA may use. In some cases, there may be proof that the victim consented to being restrained or confined. In other cases, self defense may be a viable defense. For example, if a man is beating his girlfriend, and she locks or barricades him in a room so that she can call 911 or get to safety, that may be a defense to the charge of false imprisonment. Parents also have certain rights when it comes to confining children, such as giving them a timeout or grounding them. However, a parent who falsely imprisons their children may be charged with a crime if the children suffer injuries or otherwise suffer unduly. Finally, shopkeepers may be able to detain a person who they suspect of shoplifting, as long as the detention was carried out in a reasonable way.
While false imprisonment can lead to jail time, with the help of a seasoned criminal attorney in Orange County, CA, you may be able to defeat this charge and related criminal offenses. The Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our law firm.
