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False Imprisonment For Felony In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000280
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FAQ
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.
Elements of the crime intentionally detained, restrained, or confined another person; the restraint made the victim stay or go somewhere for a period of time; victim did not give their consent and was harmed; the conduct was a significant factor in causing victim's harm.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.
If convicted of Penal Code 236 false imprisonment, it's normally a misdemeanor offense that carries up to one year in a county jail and a fine of up to $1,000. However, you could face felony false imprisonment charges (see CALCRIM 1240) if violence, menace, fraud, or deceit was used in the restraint.
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
Penalties for Penal Code 236 False Imprisonment If convicted of a PC 236 felony crime, you could spend up to three years in a California state prison and be fined up to $10,000. It should be noted that if the victim was elderly or dependent, the sentence could increase to four years.
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False imprisonment of a dependent adult or elder aged 65 or older can face a felony conviction under California Penal Code §368(f). False imprisonment occurs when you unlawfully deprive another person of his or her personal liberty.If you have been charged with false imprisonment, Chesley Lawyers identify defense strategies, and aggressively protect your rights in court if necessary. Longterm Imprisonment: People found guilty of felonies can end up in prison for a very long time, sometimes even for the rest of their lives. The campaign's supporters have objected to Price's prosecutorial philosophy, which is opposed to using enhancements to increase jail time for defendants. Call the Alameda County Sheriff's Office, Internal Affairs Section, Monday through Friday, between 8 am and 5 pm, at . Our Alameda criminal defense attorney is prepared to protect your rights. With over 20 years of experience successfully defending clients in California. A conviction can result in a criminal record, fines, and time in jail. Online reports are for documentation purposes only, no investigation will occur.