Los Angeles False Imprisonment Defense: Understanding California PC § 236 and § 237 Charges

Facing false imprisonment charges in Los Angeles can lead to serious consequences, including jail or prison time, fines, and a criminal record that impacts your employment and personal life. Under California Penal Code § 236 and § 237, false imprisonment involves unlawfully restraining or detaining someone against their will. At Rogers | Beltran LLP, our experienced Los Angeles false imprisonment defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain the types of false imprisonment charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these charges.

Types of False Imprisonment Charges in California

False imprisonment in California is defined as the unlawful violation of another person’s personal liberty by restraining, detaining, or confining them without consent. Charges vary based on the circumstances, such as the use of force or violence. The primary statutes include:

1. Misdemeanor False Imprisonment (PC § 236)

  • Description: Involves restraining or detaining someone without their consent, without using violence, menace, fraud, or deceit (e.g., locking someone in a room).
  • Key Factors: A misdemeanor; typically involves non-violent restraint.

2. Felony False Imprisonment (PC § 237(a))

  • Description: Involves false imprisonment accomplished by violence, menace, fraud, or deceit (e.g., threatening someone to stay in a confined space).
  • Key Factors: A “wobbler” offense, charged as a misdemeanor or felony based on the severity of the act or circumstances.

3. False Imprisonment of a Hostage (PC § 210.5)

  • Description: Involves restraining someone as a hostage to protect against arrest or use as a shield.
  • Key Factors: A felony; carries severe penalties due to the heightened risk to the victim.

4. Related Charges

  • Description: False imprisonment may be charged alongside related offenses, such as:
    • PC § 207 (kidnapping, if the victim is moved a substantial distance).
    • PC § 243.4 (sexual battery, if the restraint involves sexual misconduct).
    • PC § 273.5 (domestic violence, if the victim is a spouse or partner).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

What the District Attorney Must Prove in a False Imprisonment Case

To secure a conviction under PC § 236, § 237, or § 210.5, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

For Misdemeanor False Imprisonment (PC § 236):

  1. Unlawful Restraint: You intentionally restrained, detained, or confined another person.
  2. No Consent: The victim did not consent to the restraint.
  3. Violation of Liberty: The restraint interfered with the victim’s personal liberty (e.g., preventing them from leaving).

For Felony False Imprisonment (PC § 237(a)):

  1. Misdemeanor Elements: All elements of PC § 236.
  2. Violence or Menace: The restraint was accomplished through violence (physical force) or menace (threat of harm), fraud, or deceit.

For False Imprisonment of a Hostage (PC § 210.5):

  1. Misdemeanor Elements: All elements of PC § 236.
  2. Hostage Intent: You restrained the victim to avoid arrest or use them as a shield.
  3. Substantial Risk: The act created a substantial risk of harm to the victim.

The DA relies on evidence such as victim testimony, witness statements, surveillance footage, or physical evidence of restraint. An experienced Los Angeles false imprisonment attorney can challenge this evidence to weaken the prosecution’s case.

Common Defenses to False Imprisonment Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 236, § 237, and § 210.5 charges. Common defenses include:

  1. Consent:
    • If the victim consented to the restraint, you may not be guilty.
    • Example: The person voluntarily stayed in a locked room as part of an agreement.
  2. No Unlawful Restraint:
    • If your actions did not actually restrict the victim’s liberty, the charge may not apply.
    • Example: The victim could have left but chose to stay.
  3. False Allegations:
    • Charges may stem from misunderstandings or vindictive claims, such as disputes in personal relationships.
    • Example: An ex-partner falsely claimed you locked them in a room.
  4. No Violence or Menace (for PC § 237):
    • If the restraint did not involve violence, menace, fraud, or deceit, felony charges may be reduced to a misdemeanor.
    • Example: You blocked a doorway briefly without threatening harm.
  5. Insufficient Evidence:
    • The prosecution may lack evidence to prove restraint or intent.
    • Example: No witnesses or video corroborate the victim’s story.
  6. Lawful Authority:
    • If you had legal authority to restrain someone (e.g., a security guard detaining a shoplifter), the charge may be invalid.
    • Example: You detained someone reasonably suspected of theft within legal limits.

At Rogers | Beltran LLP, our Los Angeles false imprisonment defense lawyers will thoroughly investigate your case to identify the most effective defense strategy for your situation.

Potential Penalties for False Imprisonment Convictions in California

Penalties for false imprisonment convictions depend on the charge, circumstances, and your criminal history. As of July 2025, potential consequences include:

Misdemeanor False Imprisonment (PC § 236)

  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with community service or counseling.

Felony False Imprisonment (PC § 237(a))

  • Prison Time: 16 months, 2, or 3 years in state prison.
  • Fines: Up to $10,000 (plus fees).
  • Probation: Formal probation with conditions like restitution or counseling.
  • Felony Record: Impacts employment, housing, and professional licenses.

False Imprisonment of a Hostage (PC § 210.5)

  • Prison Time: 3, 5, or 8 years in state prison.
  • Fines: Up to $10,000.
  • Felony Record: Severe impact on employment and housing.

Additional Consequences

  • Restraining Orders: May restrict contact with the victim.
  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Professional License Impacts: Affects licenses for professions like healthcare, law, or security.
  • Civil Lawsuits: Victims may sue for damages, increasing financial liability.

What Else Should You Know About False Imprisonment Charges in Los Angeles?

False imprisonment charges under PC § 236, § 237, and § 210.5 can significantly impact your life, especially in Los Angeles’s strict enforcement environment. Here are additional details to understand:

The False Imprisonment Charge Process in Los Angeles

  1. Investigation: Police investigate based on victim complaints, witness statements, or physical evidence of restraint. Arrests may occur on the scene or after an investigation.
  2. Arrest and Booking: You may be booked and released on bail or your own recognizance.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges (e.g., from felony PC § 237 to misdemeanor PC § 236).
  4. Diversion Programs: For misdemeanor PC § 236 charges, judicial diversion (PC § 1001.95) may be available for first-time offenders, dismissing charges upon completion of conditions.

Why You Need a Los Angeles False Imprisonment Attorney

Navigating false imprisonment charges requires legal expertise due to complex evidence and potential for related charges. An experienced attorney can:

  • Challenge the prosecution’s evidence, such as proof of restraint or intent, to seek dismissal or reduction of charges.
  • Negotiate plea deals to lesser charges or diversion to avoid convictions.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment or immigration status.

At Rogers | Beltran LLP, our Los Angeles false imprisonment defense attorneys have a proven track record of helping clients mitigate the consequences of these charges.

How to Protect Yourself After a False Imprisonment Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of communications, witnesses, or events supporting your defense (e.g., proof of consent or lawful authority).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
  4. Comply with Court Orders: Follow bail or restraining order conditions to avoid additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s crowded settings (e.g., nightlife areas, apartment complexes) can lead to misunderstandings, such as disputes mistaken for false imprisonment.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Hollywood Courthouse, each with unique procedures.
  • Police Enforcement: LAPD may aggressively pursue charges in domestic or public disputes, which can be challenged for bias or lack of evidence.

Contact Rogers | Beltran LLP for Experienced False Imprisonment Defense in Los Angeles

A California false imprisonment charge under PC § 236, § 237, or § 210.5 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles false imprisonment attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony charge, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.