This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
False Imprisonment Jail Time In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
The misdemeanor offense of false imprisonment under California Penal Code Section 237(a) PC requires a prosecutor to establish the following elements: The defendant intentionally and unlawfully restrained, detained or confined another person. The defendant made the person stay or go somewhere against that person's will ...
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.
False Imprisonment Defenses. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment.
In general, to make out a false imprisonment claim, you'll need to show these four common elements: the intentional restraint of another person in a confined area. the restrained person doesn't consent to the restraint. the restrained person is aware of the restraint, and. the restraint is without legal justification.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
Examples of false imprisonment: You prevent someone from leaving by grabbing that person's arm; You lock someone in a bedroom; You tie someone to a chair. Note, however, that if the person consented to any of these acts, it wouldn't be false imprisonment.
In situations in which a person has been unlawfully detained or falsely arrested, civil rights attorneys can help victims by bringing a civil rights lawsuit. Civil rights attorneys devote their careers to defending and bringing justice to people who were wronged by those in positions of power.
Gather evidence: If possible, try to remember details of the arrest, like the officer's name and any witnesses. Contact an attorney: Talk to a lawyer specializing in wrongful arrest. They can advise you on your legal options, which may include filing a lawsuit against the arresting officer or department.
More info
A false arrest is one way of committing false imprisonment. To prove false arrest, a person must prove three elements.False imprisonment is a felony that carries a sentence of 16 months, 2 years, or 3 years in a California state jail. A false arrest can be a civil rights violation resulting in legal consequences for the person or entity that acted unlawfully. Kidnapping or False Imprisonment - Riverside County Crime Lawyer. If convicted of felony-level false imprisonment, a defendant can be sentenced to up to three years in prison. 6. Criminal Defense for False Imprisonment Cases. The crime is a felony and invites severe sentences, including thirty-six months in prison and hefty court fines. As a Felony, you could face either 16 months, 2, or 3 years in State Prison. California Penal Code Section 237 lays out the penalties for false imprisonment.