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What happens if you restrain someone from going out against his or her will? Or what happens if you lock your spouse in a room when he or she wants to go out? You may be charged with a criminal offense under PC 236 and PC 237. Whether you keep hold them for few minutes to some hours, you can be held accountable for false imprisonment of the victim. The act of restraining or holding the person when it does not reach the level of kidnapping is charged with the lesser crime of false imprisonment.
If you are charged with violation of PC 236, you can be convicted of either a misdemeanor or a felony with a permanent criminal record which means the long lasting impact on your employment opportunities. Do not despair. Call the law office of David S. Chesley at (800) 755-5174 for a free consultation.
As defined in the PC 236, false imprisonment is an unlawful infringement of freedom of another person. In simplest terms, any confinement, restraining, or restricting someone at one place or to force him or her to go to the other place is false imprisonment in the eyes of the Californian criminal system.
To establish the charges of false imprisonment against a person, the prosecutor must prove the following things in front of the law.
The common examples of false imprisonment appear to be something like this,
In the events when violence is used such as the use of a firearm or a knife to restrain the victim, it is charged as a felony. When the defendant involves minimal force such as holding a hand or blocking the door, it is often charged as a misdemeanor.
You should not consider the charges of false imprisonment trivial. If convicted you can face thousands of dollars in fine, jail time in county jail and if you are convicted of a felony, you can face imprisonment in state prison. It depends on the seriousness of the crime, duration of restraining, and previous criminal record whether the charges are filed as felony or misdemeanor.
Consent is one of the most important factors in false imprisonment. If the customer or employee or the person gives the consent to be held or stopped, it cannot be charged as false imprisonment. For example, you asked the employee for written or verbal consent before holding them for theft interview; you cannot be charged under PC 236. If you took the permission of the customer before holding them for bag check, it is also not a violation of personal liberties.
David S. Chesley’s law office has a team of defense attorneys that are known for their knowledge and experience in courthouses across California. With detailed analysis of the crime scene and the circumstances, we pick out available defenses and manipulate them in strong arguments. Some of the commonly available defenses in the cases of false imprisonment are,
Voluntary Presence: The person consented to the restraint or was not held against his or her will.
Lawful Detention: The defendant had reasonable suspicion against the victim to have committed a crime or to endanger himself. For example, you witness someone stealing from the shop; you confined that person to the shop until law enforcement officers came to the scene, it is lawful detention.
Domestic violence is one of the most commonly reported in California and every year hundreds and thousands of domestic crime cases are registered.
Assault and battery are often charged together, but these are not interchangeable criminal offenses.
Being charged with aggravated assault (also known as assault with a deadly weapon), is a serious criminal charge.
When a suspect is uncooperative, dismissive or verbally indignant, some officers take it personally. People who have committed no crime suddenly find themselves facing bogus criminal charges.
A criminal threat is often referred as ‘terrorist threat’ in California even though the statute no longer uses this term to define the offense.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that's it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David's knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn't charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David's services again in the future.