Per Penal Code section 237(a), false imprisonment is a misdemeanor if violence, deceit, fraud, or menace were not involved in the offense's commission. If you have been wrongfully convicted, you may be entitled to file a lawsuit for wrongful incarceration.False imprisonment lawyers fight to protect their clients' civil rights and the integrity of the justice system as a whole. Learn more about these claims. Unlawful Imprisonment in the First Degree is a New York criminal offense imposing harsh penalties on anyone who restrains another person. The plaintiff's claim in a warrantless false arrest lawsuit arose from a sheriff s deputy s visit to her house to check on the welfare of her daughter. Learn the difference between the tort and the crime of false imprisonment, the elements of a claim, and how it differs from false arrest and kidnapping. In a private lawsuit under civil law, false imprisonment can be brought as an intentional tort law claim (civil wrongful act). Instead, the essence of false imprisonment is the act of depriving the victim of personal liberty or freedom of movement for any length of time.