False Imprisonment Charges (Penal Code § 236) in California

Under California Penal Code § 236, false imprisonment sounds extreme, but the reality is, these charges are often filed in the heat of a personal conflict. Arguments in relationships. Workplace misunderstandings. Disputes blown out of proportion. Suddenly, you’re facing a criminal accusation for something that never should’ve left the civil world.

At The Nieves Law Firm, we don’t let emotions or assumptions drive the outcome of your case. We dig into the facts, challenge how prosecutors interpret “restraint,” and work to shut down weak or exaggerated claims before they spiral into a felony conviction that could change your life.

What is False Imprisonment Under Penal Code § 236?

California Penal Code § 236 defines false imprisonment as “the unlawful violation of the personal liberty of another.” In simpler terms, it’s the crime of restraining, detaining, or confining someone against their will without legal authority.

False imprisonment doesn’t require that someone be locked in a jail cell or physically tied up. The crime can occur anywhere and through various means of restraint.

Two Types of False Imprisonment

California law recognizes two forms of false imprisonment with different penalties:

1. Misdemeanor False Imprisonment: This is the basic form of the offense and applies when you restrain someone without using violence, menace, fraud, or deceit.
2. Felony False Imprisonment: This more serious form applies when the restraint is accomplished through violence, menace, fraud, or deceit.

Elements of Misdemeanor False Imprisonment

To convict you of misdemeanor false imprisonment, prosecutors must prove beyond a reasonable doubt:

• You intentionally and unlawfully restrained, detained, or confined a person
• Your actions made that person stay or go somewhere against their will

What Does “Against Their Will” Mean?

An act is done “against a person’s will” when that person does not consent to the act. For consent to be valid, a person must:

• Act freely and voluntarily
• Have knowledge of the nature of the act

If someone agrees to stay somewhere because they’re afraid of what you’ll do if they leave, that’s not true consent—it’s restraint against their will.

Examples of Misdemeanor False Imprisonment

• Grabbing your spouse during an argument and physically preventing them from leaving a room
• Locking someone in a closet, bedroom, or bathroom
• Standing in a doorway and refusing to move so someone can’t leave
• Activating child safety locks in a car to prevent an adult passenger from exiting
• Taking someone’s car keys to prevent them from leaving

Elements of Felony False Imprisonment

For felony false imprisonment, prosecutors must prove:

• You intentionally and unlawfully restrained, confined, or detained someone by violence, menace, fraud, or deceit
• You made the other person stay or go somewhere against their will

Key Terms Defined

Violence: Using physical force that is greater than the force reasonably necessary to restrain someone. This may include forms of domestic violence, such as:

• Grabbing, pushing, or shoving someone to keep them in place
• Physically blocking someone using forceful contact
• Using weapons to intimidate someone into staying

Menace: A verbal or physical threat of harm that may be express or implied. This includes:

• Threatening to hurt someone if they try to leave
• Threatening to harm their family members
• Displaying a weapon in a threatening manner
• Making threatening gestures that communicate harm

Fraud: Deceiving someone about the circumstances to make them stay or go somewhere. For example:

• Falsely telling someone there’s been a chemical attack to keep them in your basement
• Lying about a medical emergency to prevent someone from leaving
• Tricking someone into entering a location where they become trapped

Deceit: Similar to fraud, using dishonesty or trickery to restrain someone’s freedom.

Examples of Felony False Imprisonment

• Threatening to shoot your spouse if they try to leave during an argument
• Physically restraining someone by force, causing injury or pain
• Using a weapon to intimidate someone into staying in a location
• Deceiving an elderly person about their safety to keep them confined

Important Characteristics of False Imprisonment

Location Doesn’t Matter

False imprisonment can occur anywhere—not just in jails or prisons. Common locations include:

• Private homes or apartments
• Vehicles
• Businesses or workplaces
• Hotel rooms
• Any indoor or outdoor space

Duration Doesn’t Matter

False imprisonment can occur in moments. Even restraining someone for just a few seconds can constitute the crime if all other elements are met. You don’t need to hold someone for hours or days.

General Intent Crime

False imprisonment is a general intent crime, meaning you don’t need to specifically intend to unlawfully confine someone. All that matters is:

• You intentionally committed the act (like blocking a door or grabbing someone)
• Your intentional act resulted in unlawful confinement

Even if you didn’t mean to falsely imprison someone, you can still be convicted if your purposeful actions had that effect.

Police Officers Can Be Charged

Law enforcement officers can face false imprisonment charges if they:

• Arrest someone without a warrant or probable cause
• Detain someone without legal authority
• Hold someone beyond the legally permitted time
• Use excessive force during an otherwise lawful detention

Common Defenses to False Imprisonment Charges

Several legal defenses may apply to PC 236 charges:

Legal Authority to Restrain

You cannot be convicted of false imprisonment if you had legal authority to restrain the person. This defense is commonly raised by:

• Police officers acting on valid arrest warrants
• Security personnel making lawful detentions
• Correctional officers performing their duties
• Citizens making lawful citizen’s arrests

For a citizen’s arrest to be lawful, it must meet specific legal requirements, including that a crime actually occurred in your presence.

Consent

If the alleged victim voluntarily agreed to be restrained or confined, there’s no false imprisonment. Evidence of consent might include:

• Video or audio recordings showing agreement
• Text messages or emails discussing the arrangement
• Witness testimony about the person’s willingness
• The person’s own statements or behavior

For example, if someone agrees to be locked in a room as part of an escape room game or consensual activity, that’s not false imprisonment.

Self-Defense or Defense of Others

California law allows you to use reasonable force to defend yourself or others from imminent harm. If you restrained someone because:

• They were attacking you or another person
• You reasonably believed they were about to cause imminent harm
• You used only the force necessary to prevent the harm

you may have a valid self-defense claim.

This defense can also apply if you confined someone who was threatening suicide or self-harm, provided you:

• Acted reasonably to prevent immediate danger
• Contacted help (police, mental health services) as soon as possible
• Used only necessary restraint

Shopkeeper’s Privilege

California law gives store owners and shopkeepers a limited right to detain suspected shoplifters. If you:

• Had probable cause to believe the person was shoplifting
• Detained them for a reasonable time
• Conducted the investigation in a reasonable manner
• Didn’t use excessive force

you may be protected by the shopkeeper’s privilege defense.

“Reasonable” time and manner depend on the specific facts, but generally means:

• Detaining the person only long enough to investigate
• Not using threats, violence, or humiliation
• Calling police promptly if shoplifting is confirmed

Parental Rights

Parents have the legal right to discipline their children in ways that restrict their freedom of movement, such as:

• “Grounding” them to their room
• Imposing “timeouts”
• Preventing them from leaving the house

As long as:

• The child doesn’t sustain injuries
• The child doesn’t suffer undue harm or psychological trauma
• The discipline is reasonable under the circumstances

parents are not acting with criminal intent and cannot be convicted of false imprisonment.

False Accusations

Unfortunately, false imprisonment allegations sometimes stem from:

• Anger or revenge from an ex-partner
• Jealousy or custody disputes
• Misunderstandings about what occurred
• Mistaken identity

Evidence proving you didn’t commit the alleged acts can defeat the charges:

• Alibi evidence showing you were elsewhere
• Video surveillance contradicting the accusations
• Witness testimony supporting your version of events
• Phone records or GPS data proving your location

Penalties for False Imprisonment

Penal Code § 237 sets forth the penalties for false imprisonment. The crime is a “wobbler,” meaning prosecutors can charge it as either a misdemeanor or a felony.

Misdemeanor False Imprisonment

If charged as a misdemeanor (restraint without violence, menace, fraud, or deceit), penalties include:

• Up to one year in county jail
• A fine of up to $1,000
• Both jail time and a fine
• Summary (informal) probation

Felony False Imprisonment

If charged as a felony (restraint accomplished through violence, menace, fraud, or deceit), penalties include:

• 16 months, 2 years, or 3 years in California state prison
• Fines up to $10,000
• Both imprisonment and fines
• Formal felony probation

Enhanced Penalties

Certain circumstances trigger increased sentences:

Elderly or Dependent Adult Victims: If the victim was:

• 65 years of age or older, OR
• A dependent adult (someone with physical or mental limitations)

The maximum sentence increases to four years in state prison.

Gang-Related False Imprisonment: If you committed false imprisonment for the benefit of a criminal street gang under PC 186.22:

• Additional sentence of 4 years to life depending on circumstances

Use of a Firearm: If you used a gun during the false imprisonment under PC 12022.53:

• Using a gun: Additional 10 years
• Discharging a gun: Additional 20 years
• Causing great bodily injury with a gun: Additional 25 years to life

Collateral Consequences of a Conviction

Beyond the criminal penalties, a false imprisonment conviction can:

• Create a permanent criminal record affecting employment
• Result in loss of professional licenses (healthcare, law, education)
• Affect child custody and visitation rights
• Impact immigration status for non-citizens, potentially leading to deportation
• Appear on background checks for housing applications
• Damage your reputation in the community
• Serve as a prior conviction if you face future charges

False Imprisonment vs. Related Crimes

False imprisonment is often confused with or charged alongside other offenses:

False Imprisonment vs. Kidnapping (PC 207)

Kidnapping requires that you:

• Move the victim a substantial distance
• Use force or fear to accomplish the movement

False imprisonment doesn’t require movement—just restraining someone’s liberty. Kidnapping is always a felony with harsher penalties (3, 5, or 8 years in prison).

False Imprisonment vs. False Imprisonment of a Hostage (PC 210.5)

PC 210.5 is a more specific crime where you:

• Falsely imprison someone to avoid arrest, OR
• Use someone as a human shield

This is always charged as a felony and carries up to eight years in prison.

False Imprisonment vs. Child Abduction (PC 278)

Child abduction involves maliciously taking a child from their legal guardian when you have no custody rights. Unlike false imprisonment, it specifically involves children and custody disputes.

False Imprisonment vs. Carjacking (PC 215)

Carjacking is taking a motor vehicle from someone by force or fear. While it involves restraining someone’s freedom, it’s a distinct crime focused on vehicle theft and carries harsher penalties (up to 9 years).

False Imprisonment vs. Criminal Threats (PC 422)

Criminal threats involve making death threats or threats of great bodily injury that place someone in reasonable and sustained fear. While menacing threats can elevate false imprisonment to a felony, criminal threats doesn’t require actual confinement.

False Imprisonment vs. Elder Abuse (PC 368)

Elder abuse involves abuse, neglect, or financial exploitation of adults 65 or older. False imprisonment of an elderly person can be charged as both false imprisonment and elder abuse.

Civil Lawsuits for False Imprisonment

False imprisonment is not only a crime but also a tort (civil wrong) under California law. This means victims can file civil lawsuits against you to recover damages, including:

• Compensation for lost time
• Pain and suffering
• Physical discomfort or inconvenience
• Medical expenses for any resulting illness or injury
• Lost wages or business interruption
• Damage to reputation
• Emotional distress

Important: You can face both criminal prosecution AND a civil lawsuit for the same act of false imprisonment. Being acquitted in criminal court doesn’t prevent the victim from suing you in civil court, where the burden of proof is lower.

What Most People Don’t Know About False Imprisonment

You don’t need to touch anyone: Simply blocking a doorway or taking someone’s car keys can constitute false imprisonment if it prevents them from leaving.

Calling the police doesn’t help: Some people think calling the police gives them authority to restrain someone. It doesn’t. If you have no legal authority, holding someone until police arrive can still be false imprisonment.

Good intentions don’t matter: Even if you restrained someone “for their own good” (like preventing an intoxicated friend from driving), you can still face charges if you didn’t have legal authority.

Brief restraint counts: Holding someone for even a few seconds can constitute false imprisonment if all other elements are met.

Words can be enough: You don’t always need physical force. Verbal threats that make someone reasonably afraid to leave can constitute false imprisonment by menace.

It happens in domestic situations: A significant number of false imprisonment cases arise from domestic disputes where one partner prevents the other from leaving during an argument.

Frequently Asked Questions

Can I be charged if I let the person go after a few minutes?

Yes. The duration doesn’t matter. Even brief restraint can constitute false imprisonment if it was unlawful and against the person’s will.

What if the person could have escaped but didn’t try?

If a reasonable person in their situation would have felt they couldn’t leave safely, it can still be false imprisonment. The question is whether they reasonably believed they were restrained, not whether physical escape was theoretically possible.

Can I claim I was just trying to talk things out?

If you prevented someone from leaving so you could continue a conversation, that’s still false imprisonment. People have the right to end conversations and leave, even if you’re not finished talking.

What if I was protecting my property?

You generally cannot falsely imprison someone to protect property. If someone is stealing from you, call the police—don’t physically restrain them unless you’re making a lawful citizen’s arrest under very specific circumstances.

Does it matter if the person wasn’t scared?

The person doesn’t need to be frightened for it to be false imprisonment. They just need to be restrained against their will, regardless of their emotional state.

Why You Need an Experienced Criminal Defense Attorney

False imprisonment cases often involve complex factual disputes about what happened, whether consent existed, and whether force or threats were used. An experienced attorney can:

• Investigate the circumstances and gather evidence supporting your defense
• Interview witnesses who can corroborate your version of events
• Challenge the alleged victim’s credibility if the accusations are false
• Present evidence of consent, legal authority, or other defenses
• Negotiate with prosecutors for reduced charges or dismissals
• Keep you out of jail and minimize the impact on your record
• Protect you from excessive civil liability

Without proper representation, you risk harsh penalties that could have been avoided.

How The Nieves Law Firm Can Help

If you’re facing false imprisonment charges under Penal Code § 236, The Nieves Law Firm is prepared to mount an aggressive defense. We understand that these charges often arise from situations that were misunderstood, exaggerated, or taken out of context.

Our approach includes:

• Thoroughly investigating what actually happened
• Obtaining video evidence, witness statements, and other proof
• Challenging false or exaggerated allegations
• Presenting evidence of consent, legal authority, or justification
• Negotiating for reduced charges or alternative sentencing
• Fighting for dismissals when the evidence doesn’t support the charges
• Protecting your freedom, your record, and your future

We’ve successfully defended clients against false imprisonment allegations and know what it takes to achieve favorable outcomes in these fact-intensive cases.

Don’t let false imprisonment charges destroy your life. Contact The Nieves Law Firm today for a confidential consultation about your case. We’re ready to fight for you.