Penal Code 236 – False Imprisonment Law in California

Under California law, Penal Code 236 (or simply PC 236) defines false imprisonment as an unlawful violation of the personal liberty of another. Simply put, it means intentionally holding someone against their will without a legal reason. You don’t need necessarily need to use physical force to commit this offense. Even locking a door or using threats may count as false imprisonment.

This law applies broadly across California, and Penal Code 236 treats it as a serious offence. Whether it’s a misunderstanding or a criminal accusation, being charged under PC 236 can have severe consequences.

People are sometimes surprised by what can be considered false imprisonment. It’s not only about locking someone in a room. Blocking a person from leaving a place or tricking them into staying can also qualify. For instance, pretending to be law enforcement or using fear to keep someone confined may meet the standard set under PC 236.

For a charge to be filed under PC 236, prosecutors must prove that you intentionally and unlawfully restrained another person’s freedom. The alleged victim should not have agreed to the confinement. If they did, then it’s not considered false imprisonment under the California law, Penal Code 236.

Force isn’t always physical. In many cases, just the threat of harm or intimidation can be enough. Deceiving someone into staying in a place without their informed consent also falls under this law. That said, not every misunderstanding qualifies. The court looks closely at how the restraint occurred.

Unlike what people often assume, false imprisonment doesn’t require bars, handcuffs, or locked doors. Keeping someone in place through fear, manipulation, or control is enough. This is one reason Los Angeles criminal defense lawyers examine the specifics of each case closely. Context and intent matter.

False imprisonment can be charged as either a misdemeanor or a felony, depending on the facts. A basic violation of PC 236 without violence may result in a misdemeanor. However, if the act involves violence, menace, fraud, or deceit, it can be treated as a felony, and the penalties are increased.

You could face up to one year in county jail and fines if charged as a misdemeanor. Felony charges, on the other hand, carry longer prison time for up to three years in custody. In either case, a conviction under Penal Code 236 can leave a mark on your criminal record.

Some false imprisonment charges are tied to other allegations, such as domestic violence or kidnapping. When that happens, courts may impose additional terms or enhancements. A seasoned Los Angeles criminal defense lawyer can determine if these additional charges apply and advise on how to challenge them.

One of the strongest defenses is that the person wasn’t restrained against their will. If you had consent and proof of it, that may weaken the prosecution’s argument under PC 236. Courts expect clear, voluntary consent, not just silence or passive behavior.

Accidents or misunderstandings happen. Maybe you closed a door, not knowing someone was inside. Or gave wrong directions without bad intent. If there’s no proof you meant to restrict someone’s movement, the charge may not hold under Penal Code 236.

Sadly, false accusations do occur, especially in heated personal disputes. Police often act on one side of the story. Your attorney can bring out facts, inconsistencies, or a lack of evidence that challenge the claim. That’s where working with a Los Angeles criminal defense lawyer becomes critical.

If you’re being investigated or already charged, contact an attorney who has handled PC 236 cases before. Early legal support can shape how your case unfolds, sometimes even stopping charges from being filed at all.

You may feel the urge to explain yourself, but speaking without legal advice can backfire. Anything you say might be used out of context. A defense lawyer knows how to handle communication with police and prosecutors while protecting your rights.

Start collecting messages, call logs, videos, or anything that may show your side of the story. Details matter in Penal Code 236 cases. The more information your attorney has, the stronger the strategy they can build.

At DCD LAW, we’ve helped many people charged under PC 236. From the first arrest to the final resolution, our team studies every angle, how the case was built, what evidence was used, and what can be challenged.

We don’t just aim to manage charges; we also strive to provide exceptional service. We build custom strategies to achieve a dismissal or, at the very least, reduce a felony to a misdemeanor. If a trial is needed, we’re ready for that too. Your future deserves careful attention and informed legal guidance.

We approach false imprisonment cases with sharp legal skills and a strong commitment to client care. At DCD LAW, we take time to understand yours and fight for the best outcome. Whether it’s a first-time charge or a case with added complications, we help you through it step by step.