The Law Offices of Ty Martinez Criminal Defense
Penal Code 236 PC: False Imprisonment in California
False imprisonment lawyer for PC 236 charges in Riverside and San Bernardino counties.
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Penal Code 236 defines false imprisonment as unlawfully restraining, detaining or confining another person against their will. It is a misdemeanor with up to 364 days in county jail and a fine of up to $1,000, or a felony with 16 months, two or three years, usually served in county jail, when it is done with violence, menace, fraud or deceit (PC 237).
| Code section | California Penal Code 236 (penalties in PC 237) |
|---|---|
| Also called | Unlawful restraint |
| Length of time | No minimum; moving the person is not required |
| Misdemeanor | Up to 364 days in county jail and up to $1,000 |
| Felony | With violence, menace, fraud or deceit: 16 months, 2 or 3 years, usually in county jail |
| As a shield or to avoid arrest | 3, 5 or 8 years (PC 210.5) |
| Strike | Not by itself |
| Gun rights | Lifetime ban for a felony; no 10-year ban for a misdemeanor |
| Jury instruction | CALCRIM 1240 (felony), 1242 (misdemeanor) |
Charged under PC 236 in Riverside or San Bernardino County?
Calls are answered 24/7, and the consultation is free.
What PC 236 means
False imprisonment means intentionally and unlawfully making someone stay somewhere, or go somewhere, against their will. It can be done by physical force, by blocking a doorway, by holding someone down, by locking them in a room or a car, or by threats. The person does not have to be moved or held for long.
It is a felony when it is done with violence, menace, fraud or deceit (PC 237(a)). Violence here means more physical force than is reasonably needed to restrain the person. Menace means a threat of harm, by words or actions, such as showing a weapon. Fraud or deceit means tricking the person into being confined. False imprisonment of an elder or dependent adult by those means is punished more severely (PC 237(b), 368(f)).
False imprisonment is often charged in domestic violence cases, and it is a lesser charge than kidnapping (PC 207), which requires moving the person a substantial distance.
To convict you, the prosecutor must prove each of these beyond a reasonable doubt, and for a felony, that you did it by violence, menace, fraud or deceit (PC 237(a); CALCRIM 1240, 1242):
- You intentionally and unlawfully restrained, detained or confined another person
- Your act made the person stay or go somewhere against their will
PC 236 penalties
- Misdemeanor: up to 364 days in county jail, a fine of up to $1,000, or both (PC 237(a), 18.5)
- Felony, with violence, menace, fraud or deceit: 16 months, two or three years, usually served in county jail, and a fine of up to $10,000 (PC 237(a), 1170(h), 672)
- Holding someone to avoid arrest in a way that substantially increases their risk of harm, or using them as a shield: three, five or eight years, usually served in county jail (PC 210.5, 1170(h))
Felony false imprisonment can't be reduced to a misdemeanor under PC 17(b) the way a wobbler can, but a felony charge can sometimes be resolved as misdemeanor false imprisonment, which does not require violence or menace. If you are granted probation in a case against a partner or family member, domestic violence probation rules apply, including a batterer's program (PC 1203.097).
Consequences beyond jail
- Guns: a felony conviction brings a lifetime ban (PC 29800). A misdemeanor PC 236 conviction is not on the 10-year ban list (PC 29805), but a related battery or threat conviction is
- Strike: false imprisonment is not a strike by itself, but it can become one if the prosecutor proves you personally used a gun or deadly weapon or inflicted great bodily injury (PC 1192.7(c)(8), (23))
- Protective order: the judge can order you to stay away from the person while the case is open (PC 136.2)
- Immigration: for non-citizens, talk to us before any plea; a domestic violence finding can have serious immigration consequences
Common defenses to PC 236
It depends on the evidence. Common defenses include:
- The person was free to leave, or agreed to stay
- You had legal authority, such as a lawful citizen's arrest (PC 837)
- There was no violence or menace, which makes it a misdemeanor at most
- False or exaggerated accusations, often after an argument between partners
- Insufficient evidence to prove the charge beyond a reasonable doubt
We review 911 calls, texts, video and witness statements, and the timeline of what happened, to find the weaknesses in the case.
Related charges
PC 236 cases in Riverside and San Bernardino counties
False imprisonment is often filed together with a domestic violence charge, and in both counties the judge usually issues a criminal protective order at the first court date (PC 136.2). In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse.
In Riverside County, criminal cases are heard at five courthouses: the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Banning Justice Center, the Larson Justice Center in Indio and the Blythe courthouse. Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.
Frequently asked questions
Is false imprisonment a felony in California?
It can be either, depending on how it was done. Without violence, menace, fraud or deceit, it is a misdemeanor. With any of them, it is a felony with 16 months, two or three years, usually served in county jail. A felony charge can sometimes be resolved as a misdemeanor in negotiations.
Can you falsely imprison someone without touching them?
Yes. Restraint can come from threats, blocking a doorway or locking someone in, not only from physical force. Without violence or menace, it is usually a misdemeanor.
Is false imprisonment the same as kidnapping?
No. Kidnapping (PC 207) requires moving the person a substantial distance by force or fear. False imprisonment requires only that the person was held or made to go somewhere against their will, so it is often a lesser charge or a reduction from kidnapping.
Is false imprisonment domestic violence?
It can be. When it involves a spouse, partner, former partner or the other parent of your child, it is treated as domestic violence, which means judge-granted diversion is not available (PC 1001.95) and domestic violence probation rules apply (PC 1203.097).
Can a false imprisonment conviction be expunged?
Often, yes. If you complete probation, you may be able to have it dismissed under PC 1203.4, and a felony served in county jail may qualify under PC 1203.41.
Read the official text of PC 236 on the California Legislative Information site.
This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.
Facing PC 236 charges? Calls are answered 24/7, and the consultation is free.
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